IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.286 of 2025 Arising Out of PS. Case No.-1030 Year-2023 Thana- COMPLAINT CASE District- Supaul ====================================================== Vijay Shankar Sharma S/O Late Ramanand Sharma Resident at Falka, P.S.- Falka, District- Katihar ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Dept. of Home, Govt. of Bihar, Patna Bihar 2. Gunja Devi D/O Sambhu Nath Jha R/at Bhalahi, Ward no. 19, P.S.- Supaul, Dist.- Supaul. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Ms. Priya Gupta For the Respondent/s : Mr. S.C 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 14-07-2025 Heard the learned counsel for the petitioner and the learned counsel for the State. 2. This writ petition has been filed for the following reliefs: I). For quashing of the order dated 18.09.2024 by which the learned court of S.D.J.M., Supaul has directed for issuance of bailable warrant against the petitioner/accused person in connection with Complaint Case No. 1030 (C) of 2023 without recording satisfaction regarding service of summons against the petitioner/accused person; ii) For quashing of the order dated 28.10.2024 by which the learned court of Patna High Court CR. WJC No.286 of 2025(2) dt.14-07-2025 2/3 S.D.J.M., Supaul has directed for issuance of non-bailable warrant against the petitioner/ accused person in connection with Complaint Case No.1030 (C) of 2023 without recording satisfaction regarding service of bailable warrant against the petitioner/accused person; iii). For quashing of the order dated 06.01.2025 by which the Learned Court of S.D.J.M., Supaul has passed an order of proclamation u/s 82 of the Code of Criminal Procedure in connection with Complaint Case No. 1030 (C) of 2023 against the petitioner/accused person without even satisfaction of execution of Non-Bailable warrant; iv) For restraining the Respondents from giving effect to the order u/s 82 of the Code of Criminal Procedure / any coercive action against the Petitioner as the Summons fixing the date of appearance of the Petitioner was never served on the Petitioner and event without recording execution of bailable and non-bailable warrant. 3. The learned counsel for the petitioner has submitted that the petitioner is ready to cooperate in the case. He will appear in the Court below and will face trial. Patna High Court CR. WJC No.286 of 2025(2) dt.14-07-2025 3/3 4. In these circumstances no useful purpose will served by executing the process 82 against the petitioner. In the interest of justice, the application is partly allowed. Accordingly, the order dated 06.01.2025 by which the learned court of S.D.J.M., Supaul has passed an order of proclamation under Section 82 of the Cr.P.C. in connection with Complaint Case No. 1030(C) of 2023 is hereby quashed. 5. The petitioner will appear before the Court below within 15 days from today. Shishir/- (Sandeep Kumar, J) U T