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Judgment
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 complaint in respect to the audio and video clarity and quality.
Learned counsel appearing for the petitioner undertakes to deposit the deficit court fee within two weeks from today. Rest of the defects stand ignored for the present.
Heard the parties.
Petitioner, in this application, has prayed to quash the order dated 26.07.2010, whereby process under Section 82 Cr.P.C. has been issued against the petitioner. The petitioner also challenged the order dated 18.09.2010, by which attachment order has been issued against him in terms of Section 83 Cr.P.C.
Learned counsel appearing for the petitioner submits that both the orders are absolutely cryptic and non-speaking and do not reflect any subjective satisfaction which is required to be reflected in the order sheets. He further submits that as the petitioner was not even aware about the proceeding, so he could not appear before the court nor he could file an appropriate application before the court earlier. Thus, the same need to be quashed.
After hearing the counsel for the parties and on going through the impugned order dated 26.07.2010, I find that without recording any subjective satisfaction, the court issued process under Section 82 Cr. P.C. The order is cryptic and non-speaking. Same was the situation when the order dated 18.09.2010 was passed. No subjective satisfaction has been recorded by the Court below as required in terms of Section 83 Cr.P.C. Thus in absence of any reason and satisfaction, the orders impugned are rendered bad in law.
Thus, I am inclined to allow this criminal miscellaneous petition. Accordingly, the same is hereby allowed. The impugned orders dated 26.07.2010 & 18.09.2010, by which processes under Sections 82 & 83 of the Code of Criminal Procedure have been issued, are hereby set aside. The matter is remitted to the court below to pass a fresh order in accordance with law.
This criminal miscellaneous petition stands allowed.