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Judgment
8 paragraphs · 264 wordsHeard Mr. Sanjay Kumar Tiwari, learned counsel for the petitioner and learned A.P.P. for the State.
In this application, the petitioner has prayed for quashing the orders dated 13.06.2016, 28.06.2015 and 05.09.2016 passed in connection with Garhwa P.S. Case No. 266 of 2016 (G.R. No. 1137 of 2016) by learned learned Chief Judicial Magistrate, Garhwa by which Non-bailable Warrant (N.B.W.), proclamation u/s 82 Cr.P.C . and process u/s 83 Cr.P.C . respectively have been directed to be issued against the petitioner.
At the outset, learned counsel for the petitioner confines his prayer with respect to the orders dated 28.06.2015 and 05.09.2016 by which proclamation u/s 82 Cr.P.C . and process u/s 83 Cr.P.C . have been directed to be issued against the petitioner.
It appears from the impugned orders that the same do not contain any reasons and without recording any subjective satisfaction, learned trial court has passed the orders dated 28.06.2015 and 05.09.2016.
In absence of any cogent and justifiable reasons, the impugned orders dated 28.06.2015 and 05.09.2016 passed in connection with Garhwa P.S. Case No. 266 of 2016 (G.R. No. 1137 of 2016) by learned Chief Judicial Magistrate, Garhwa by which proclamation u/s 82 Cr.P.C . and process u/s 83 Cr.P.C . respectively have been directed to be issued against the petitioner, are hereby quashed and set aside.
This application is accordingly allowed to the extent mentioned above.
However, the learned court below is at liberty to proceed further in accordance with law.
Let this order be communicated through fax at cost of petitioner.