Ram Kishore Fullu Nayak vs State Of Jharkhand

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.

This case was listed/ supposed to be listed before the Lawazima Board of the Registrar General for passing an order in respect of the defects, pointed out by the office.

Considering the pandemic situation where the Court has minimized the footfall of the lawyers and their Clerks in the Court, this court felt proper to get all the cases listed before this Court so that the defects can be looked into at this stage only. Thus, this case is listed today before this Court directly.

There are several defects and one of the defects is in respect of the deficit court fee.

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.

With the consent of the parties, the matter is taken up for hearing on merits.

Petitioner is confining his prayer only to the order dated 01.10.2013 and 01.08.2014, by which processes under Sections 82 Cr.P.C. and attachment order in terms of Section 83 Cr.P.C. respectively, has been issued against him.

After going through the orders, I find that on 01.10.2013, process under Section 82 Cr.P.C. has been issued without waiting for service report of non-bailable warrant of arrest. Only in one line the order has been passed that since the petitioner is absent, O/C to issue 82 Cr.P.C. Thus, the order is not only cryptic but also bad in law as the conditions specified under Section 82 Cr.P.C. have not been fulfilled.

Similar is the situation with the order dated 01.08.2014, issuing process under Section 83 Cr.P.C. No subjective satisfaction has been reflected in both the orders.

Thus, I am inclined to allow this criminal miscellaneous petition. Accordingly, the same is hereby allowed. The impugned orders dated 01.10.2013 & 01.08.2014, 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.