Abdul Sattar Khan @ Abdul Satar Khan vs State of Jharkhand

Heard learned counsel for the petitioners and the learned A.P.P. for the State through Video Conferencing. The lawyers have no objection with regard to the proceeding which has been held through video conferencing today at 11.00 a.m. They have no complain with respect to the audio and video clarity and quality.

Petitioner has challenged the processes under Section 82 of the Code of Criminal Procedure, which has been issued on 15.03.2018 and the attachment order issued in terms of Section 83 of the Code of Criminal Procedure on 19.06.2018.

I have gone through the ordersheet of the court, which is on record. There was no order either issuing processes under Section 82 of the Code of Criminal Procedure or attachment order in terms of Section 83 of the Code of Criminal Procedure. Though there is an order dated 15.03.2018, but the same is a three line order, which do not even whisper about issuance of processes under Section 82 of the Code of Criminal Procedure. Same is the position on 19.06.2018, wherein there is no whisper about the attachment order in terms of Section 83 of the Code of Criminal Procedure. It is only in the margin of the ordersheet, a note has been made to issue processes under Section 82 of the Code of Criminal Procedure and attachment order in terms of Section 83 of the Code of Criminal Procedure. Any noting made in the margin of the ordersheet cannot be said to be part of judicial order. It is merely noting given by the office which suggests that the concerned judicial order passed by the Court or a direction given by the Court has been complied with. Since, there was no judicial order issuing process under Section 82 of the Code of Criminal Procedure, there was no occasion for any compliance. In a most negligent and casual manner the processes were issued without there being any judicial order. Recording of this type of ordersheet suggests that the Judicial Magistrate is not in control of the judicial proceeding, rather it is the Peshkar or the Court Clerk who is controlling the proceeding. This sort of action is highly deprecated by this Court. The concerned Judicial Officer should be more cautious in future that too when the order involves issuing processes under Section 82 of the Code of Criminal Procedure or attachment order in terms of Section 83 of the Code of Criminal Procedure, which directly infringes the life and liberty of a person. This type of orders cannot be mechanically passed without applying mind.

Thus, the order dated 15.03.2018 and 19.06.2018 passed in Karra Police Station Case No. 20 of 2015 corresponding to G.R. No.169 of 2015(s) are hereby set aside. The matter is remitted to the Court below to pass appropriate order in accordance with law.

This criminal miscellaneous petition, thus, stands allowed.