Single judge quashed orders issuing proclamation and process under Sections 82 and 83 Cr.P.C. for lack of reasoned satisfaction regarding the accused's evasion of legal process.
Quashed and set aside the impugned orders dated 7.9.2014 and 9.7.2015 issued by the Sub Divisional Judicial Magistrate, Dhanbad.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 1156 of 2016
Dilip Kumar Sharma, S/o late Shiv Ratan Thakur, R/o Bhakura Bhitti, P.O. Sahabuddin Bitti, P.S. Bariyapur, District-Chapra(Saran), Bihar. .....Petitioner
Versus
The State of Jharkhand.
… Opposite Party
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
For the Petitioner : Mr. Mahesh Tewari, Advocate For the State : A.P.P.
02/21.07.2016 Heard the parties.
In this application, the petitioner has challenged the order dated 7.9.2014 & 9.7.2015, passed by the learned Sub Divisional Judicial Magistrate, Dhanbad in Baghmara P.S. Case No. 73 of 1992, whereby and whereunder proclamation under section 82 and process under section 83 Cr.P.C. have been issued.
It has been submitted by the learned counsel for the petitioner that none of the orders reflect subjective satisfaction of the learned Magistrate and there is no finding whether the accused is evading the process of law.
Learned A.P.P. has supported the impugned order.
It appears that none of the impugned orders dated 7.9.2014 & 9.7.2015 indicate subjective satisfaction of the learned Magistrate or any reasons are reflected in the said orders while issuing proclamation and process under sections 82 and 83 Cr.P.C. respectively.
In view of non reasoned orders, as has been indicated above, this application is allowed. The impugned orders dated 7.9.2014 & 9.7.2015, passed by the learned Sub Divisional Judicial Magistrate, Dhanbad in Baghmara P.S. Case No. 73 of 1992, are hereby quashed and set aside.
However, the learned Magistrate is at liberty to proceed in accordance with law.
(Rongon Mukhopadhyay, J)
Rakesh/
1 issue framed by the court
Whether the issuance of proclamation and process under sections 82 and 83 Cr.P.C. in reasoned orders is mandatory?
Dilip Kumar Sharma
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
