Jharkhand High Court
Piramal Enterprises Limited vs The State Of Jharkhand. .....Opposite ... on 7 December, 2018
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 3221 of 2018
---
Piramal Enterprises Limited. .....Petitioner Versus The State of Jharkhand. .....Opposite Party.
-----
Coram: HON'BLE MR JUSTICE RONGON MUKHOPADHYAY
-----
For the Petitioner : Mr. Indrajit Sinha, Advocate For the State : A.P.P.
-----
04/7.12.2018 Defect No. 9 (i) is ignored.
Learned counsel for the petitioner is correct paragraph 1, prayer portion and paragraph 8 of the main application.
Heard the parties.
In this application, the petitioner has prayed for quashing of the orders dated 3.9.2012, 17.5.2013, 14.7.2016 and 19.5.2018, passed by the learned Additional Judicial Commissioner, Ranchi in C-III 375 of 2010, by which coercive steps have been taken against the petitioner.
It appears from the impugned order dated 3.9.2012 that without there being any service report, non bailable warrant of arrest was issued against the petitioner and subsequent thereto vide orders dated 17.5.2013, 14.7.2016 and 19.5.2018, proclamation and process under sections 82 and 83 Cr.P.C. have been issued.
None of the impugned orders suggest that there has been an independent application of judicial mind on the part of the learned court below and in absence of appropriate reasons, therefore, the impugned orders dated 3.9.2012, 17.5.2013, 14.7.2016 and 19.5.2018 are hereby quashed and set aside.
This application is allowed.
However, learned Magistrate is at liberty to proceed further in accordance with law.
(Rongon Mukhopadhyay,J) Rakesh/-