The High Court of Jharkhand set aside a mechanical impugned order issuing process under Section 82 Cr.P.C. because it lacked mandatory subjective satisfaction. The matter was remitted for a reasoned order.
The order dated 21.9.2019 was set aside, and the matter was remitted to the concerned court to pass a reasoned order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P No. 3889 of 2019
Santosh Soni @ Santosh Kumar Soni …. …. Petitioner(s).
Versus
State of Jharkhand …. …. Opposite Party(s)
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
FOR THE PETITIONER(S) : Mr. Sabyasa, Advocate FOR THE STATE : Mr. Ashok Kumar, APP
02/19.12.2019
Heard the counsel for the parties.
Petitioners have challenged the order dated 21.9.2019 by which process under Section 82 Cr.P.C has been issued.
Counsel for the petitioners submits that order is cryptic and does not reflect the subjective satisfaction as to why process under Section 82 Cr.P.C has been issued. He submits that provision of law for issuing process under Section 82 Cr.P.C has not been followed by the court below.
After going through the impugned order, I find that subjective satisfaction which needs to be recorded by the Magistrate, is missing in the impugned order. The order dated 21.9.2019 is absolutely mechanical and is hereby set aside.
Accordingly, the instant Criminal Miscellaneous Petition stands allowed. The matter is remitted to the court concerned for passing reasoned order afresh in accordance with law.
(ANANDA SEN , J)
anjali/ C.P 3
2 issues framed by the court
Whether a Magistrate's order issuing process under Section 82 Cr.P.C. without recording subjective satisfaction is valid.
Whether the impugned order is cryptic and fails to comply with statutory requirements for issuing process.
1 provisions across 1 enactments
Santosh Soni
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
