Jharkhand High Court
Mithilesh Kumar @ Lali vs The State Of Jharkhand. ...... Opposite ... on 21 June, 2022
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.1439 of 2022
Mithilesh Kumar @ Lali ...... Petitioner
Versus
The State of Jharkhand. ...... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Shekhar Prasad Sinha, Advocate For the State : Mrs. Priya Shrestha, Spl. P.P. ..........
02/Dated: 21/06/2022 This petition has been filed for quashing of order dated 31.01.2022/11.04.2022 in connection with C.P. Case No. 3008/2017 whereby direction has been issued to issue process under section 82 Cr.P.C., pending in the Court of learned Judicial Magistrate, Ist Class, Dhanbad.
Mr. Shekhar Pd. Sinha, learned counsel for the petitioner submits that in the said order it has been recorded that E/R of N.B.W. has not been received however in the margin it has been stated that O/C to issue process of 82 Cr.P.C. along with call for execution report of N.B.W. It appears that there is no order of the Court to issue process of 82 Cr.P.C. however, in the margin it has been recorded that O/C to issue process of 82 Cr.P.C. along with call for execution report of N.B.W. When there is no order of the Court how process 82 Cr.P.C. has been directed to be issued by way of writing in the margin of that order.
Call for report from the Principal District & Sessions Judge, Dhanbad in connection with C.P. Case No. 3008/2017, pending in the Court of learned Judicial Magistrate, Ist Class, Dhanbad as to how in the margin in absence of the court's order, process of 82 Cr.P.C. has been directed to be issued. The said report be placed to this Court within four weeks.
No coercive step shall be taken against the petitioner in connection with C.P. Case No. 3008/2017, pending in the learned Judicial Magistrate, Ist Class, Dhanbad, till the next date.
Let this matter appear on 26.07.2022.
(Sanjay Kumar Dwivedi, J.) Satyarthi/