Jharkhand High Court
Gharshobhit Pandit vs The State Of Jharkhand on 30 October, 2018
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M. P. No. 1175 of 2018
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Gharshobhit Pandit ... ... Petitioner Versus
1.The State of Jharkhand
2.Umesh Prasad
3.Ramesh Prasad
4.Mahesh Prasad
5.Dinesh Prasad
6.Suresh Prasad
7.Rahul Prasad Sahu ... ... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
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For the Petitioner : Mr. Shadab Eqbal, Advocate For the Opposite Party : Mr. P. K. Appu, A.P.P.
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4/30.10.2018 Heard Mr. Shadab Eqbal, learned counsel for the petitioner and Mr. P. K. Appu, learned A.P.P. for the State.
The petitioner is aggrieved by the order dated 21.01.2018 passed by the learned Judicial Commissioner, Ranchi in Criminal Revision No. 48 of 2018 by which the order dated 08.11.2017 passed by the learned Judicial Magistrate, Ranchi in Complaint Case No. 222 of 2017 directing the issuance of proclamation under Section 82 of Cr.P.C. has been set aside.
Submission has been advanced that the learned Judicial Court was precluded from considering the revision application in view of the fact that an order of issuance of proclamation under Section 82 of Cr.P.C. is an interlocutory application. He has also referred to the order dated 15.02.2018 in which the counsel for the petitioner was admonished for initially suppressing the fact that proclamation under Section 82 of Cr.P.C. has been issued.
Learned A.P.P. for the State has opposed the prayer. It appears that initially an anticipatory bail application was preferred by the accused persons in A.B.P. No. 2278 of 2017 which was disposed of on 15.02.2018 in view of the fact that proclamation under Section 82 of Cr.P.C. has been issued and the explanation submitted by the learned counsel was accepted. The proclamation order passed under -2- Section 82 of Cr.P.C. by the learned Magistrate was however set aside in Criminal Revision No. 48 of 2018.
Without expressing any opinion on the merits of the order dated 21.02.2018 passed in Criminal Revision No. 48 of 2018, as the learned Magistrate seems to have passed the order in haste, this application stands disposed of with a direction to the learned Judicial Magistrate, Ranchi, who is in seisin of the matter in connection with Complaint Case No. 222 of 2017 to take necessary and appropriate steps in accordance with law for securing the attendance of the accused persons.
This application stands disposed of with the aforementioned observations and directions.
Pending I.A. also stands disposed of.
(Rongon Mukhopadhyay, J) R. Shekhar Cp 3