Ajay Paswan @ Ajay Kumar Paswan v State of Jharkhand

Jharkhand High Court

12 June 2013

Cr. M. P. No. 1325 of 2013

The Order of the Court was as follows :

1. Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.

2. Learned counsel appearing for the petitioner submits that this petitioner was made an accused in a case registered as Chas P.S case no.131 of 2008. In connection with that case, the petitioner was apprehended and was remanded to jail custody. While the petitioner was in custody, final form was submitted whereby police had exonerated the petitioner from accusation and thereby the petitioner was released from the custody.

Subsequently, after two months of the release of the petitioner, the court granted permission to the Investigating Agency for re-investigation. After re-investigation of the case, charge sheet was submitted against the petitioner for an offence under Sections 366, 387 of the Indian Penal Code. Thereupon the court took cognizance of the offence on 2.9.2011 and passed an order for issuance of summon.

3. It further appears from the record that without there being any service of summon, an order was passed on 29.8.2012 for issuance of warrant of arrest non-bailable against the petitioner. Again without having any report relating to execution of the warrant of arrest, an order was passed on 2.2.2013 for issuance of process u/s. 82 of the Code of Criminal Procedure and subsequently, in the same manner, an order was passed on 20.4.2013 for issuance of process u/s. 83 of theCode of Criminal Procedure. In this manner, none of the orders, as mentioned above, appear to be legal.

4. Accordingly, all those orders, i.e. orders dated 29.8.2012, 2.2.2013 and 20.4.2013 are hereby set aside.

5. In the result, this application stands allowed.

6. The petitioner is directed to put his appearance before the court below within two weeks from today.

7. Let a copy of this order be communicated to the court concerned through FAX at the cost of the petitioner.

Application allowed