This Criminal Miscellaneous Petition challenged an order issuing process under Section 82 Cr.P.C. finding lacking in subjective satisfaction. The High Court set aside the impugned order as mechanical and remanded for a reasoned order.
Impugned order dated 12.10.2019 set aside; matter remitted for passing 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. 3958 of 2019
Nasir Sk. …. …. Petitioner(s).
Versus State of Jharkhand …. …. Opposite Party(s)
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
FOR THE PETITIONER(S) : Mr. Gautam Kumar Singh, Advocate FOR THE STATE : Mr. Suraj Verma, APP
02/19.12.2019
Heard the counsel for the parties.
Petitioner has challenged the order dated 12.10.2019 by which process under Section 82 Cr.P.C has been issued.
Counsel for the petitioner 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 court must satisfy himself and the satisfaction of the police does not matter while issuing process under Sections 82 Cr.P.C. The order dated 12.10.2019 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 the impugned order issuing process under Section 82 Cr.P.C. recorded subjective satisfaction as required by law.
Whether the order dated 12.10.2019 should be set aside for being mechanical and non-reasoned.
1 provisions across 1 enactments
Nasir Sk.
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
