Satna Sahani vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

This criminal miscellaneous petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the

situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this

matter has been heard on merit.

The petitioner has filed this petition for quashing the order dated 11.07.2017 passed by the learned Additional Chief Judicial Magistrate, Ramgarh,

whereby, proclamation under Section 82 Cr.P.C. has been issued against the petitioner in connection with Mandu (Kujju) P.S. Case No.151 of 2007,

corresponding to G.R. No.1219 of 2007 as well as for quashing the order dated 24.09.2019 passed by the learned Additional Chief Judicial Magistrate,

Ramgarh, whereby, the order of attachment has been issued under Section 83 Cr.P.C. against the petitioner in connection with Mandu (Kujju) P.S.

Case No.151 of 2007, corresponding to G.R. No.1219 of 2007.

Learned counsel for the petitioner submits that the order issuing process under Section 82 of the Code of Criminal Procedure is absolutely cryptic and

does not reflect any satisfaction as to why process under Section 82 of the Code of Criminal Procedure is to be issued. He further submits that vide

order dated 24.09.2019, again composite order has been passed, whereby, order of attachment has been issued under Section 83 Cr.P.C. He also

submits that the impugned orders have been passed without considering the provisions of the Cr.P.C.

Learned A.P.P. appearing for the State tries to justify the impugned orders and submits that the impugned orders have been passed on the application

made by the Investigating Officer.

On perusal of the impugned order dated 11.07.2017, it transpires that only on application made by the Investigating Officer, the court has issued

process under Section 82 of the Code of Criminal Procedure. This is not mandate of law. What are the materials to proceed and issue processes

under Section 82 of the Code of Criminal Procedure must be reflected in the order. This subjective satisfaction is missing in the order impugned

issuing process under Section 82 of the Code of Criminal Procedure. Thus the impugned order dated 11.07.2017 is absolutely cryptic and without any

application of mind. As the impugned order dated 11.07.2017 itself is bad in law, the order dated 24.09.2019 will not survive.

Accordingly, the impugned orders dated 11.07.2017 and 24.09.2019 passed by the learned Additional Chief Judicial Magistrate, Ramgarh in connection

with Mandu (Kujju) P.S. Case No.151 of 2007 corresponding to G.R. No.1219 of 2007 are quashed. The matter is remanded to the court of learned

Additional Chief Judicial Magistrate, Ramgarh to proceed further and pass fresh order in accordance with law.

This criminal miscellaneous petition is, therefore, allowed and disposed of.