Jharkhand High Court
Shanti Devi vs The State Of Jharkhand. ....Opposite ... on 26 September, 2018
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 2698 of 2018
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Shanti Devi. .....Petitioner
Versus
The State of Jharkhand. ....Opposite Party.
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Coram: HON'BLE MR JUSTICE RONGON MUKHOPADHYAY
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For the Petitioner : Mr. Lalit Yadav, Advocate For the State : Mr. Abhay Kumar Tiwari, A.P.P.
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04/26.09.2018 Heard the parties.
In this application, the petitioner has prayed for quashing the orders dated 18.6.2009 and 9.11.2009, passed by the learned Judicial Magistrate, Deoghar in connection with Jasidih P.S. Case No. 87 of 2008, by which the proclamation and process under sections 82 and 83 Cr.P.C. respectively has been ordered to be issued. Petitioner has further prayed for quashing the order dated 5.3.2018, by which proclamation under section 82 Cr.P.C. has once again been ordered to be issued.
It appears that the petitioner was being prosecuted in connection with Jasidih P.S. Case No. 87 of 2008. The Investigating Officer had submitted final form in favour of the petitioner but while differing with the final form and without assigning any reason, cognizance was taken on 7.4.2010 by the learned Chief Judicial Magistrate, Deoghar. Same was challenged by some of the accused persons in Cr. Revision No. 76 of 2010, in which by order dated 12.8.2015, the order of cognizance dated 7.4.2010 was set aside and the matter was remanded back to hear afresh the parties and pass order in accordance with law. Consequent to the order of remand, by order dated 19.7.2016, cognizance was taken and summons were issued but the petitioner did not appear and subsequently by order dated 5.3.2018, proclamation under section 82 Cr.P.C. has been ordered to be issued.
The sequence of event, as denoted above, do suggest that petitioner was not at fault by challenging the orders dated 18.6.2009 and 9.11.2009. Only after the matter was remanded by revisional court, cognizance was taken and thereafter a fresh proclamation under section 82 Cr.P.C. has been ordered to be issued.
Coming back to the impugned orders dated 18.6.2009, 9.11.2009 and 5.3.2018, it appears that none of the impugned orders indicate subjective satisfaction on the part of the learned Magistrate as no reasons have been assigned in the same. In view of the above, therefore, this application is allowed and the orders dated 18.6.2009, 9.11.2009 and 5.3.2018, passed by the learned Judicial Magistrate, Deoghar in connection with Jasidih P.S. Case No. 87 of 2008 -2- are hereby quashed and set aside.
However, learned Magistrate is at liberty to proceed further in accordance with law.
Let the order be sent through Fax at the cost to be deposited by the petitioner.
(Rongon Mukhopadhyay,J) Rakesh/