Single-judge High Court quashed orders for proclamation and attachment under Cr.P.C. Sections 82 and 83, held to be passed mechanically without recording reasons, satisfaction, or evidence of evasion by the petitioner.
Impugned orders dated 02.03.2015 and 21.06.2016 passed under Sections 82 and 83 Cr.P.C. were quashed and set aside.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No.4042 of 2018
1. Shailendra Kumar Singh 2. Kiran Singh ….. Petitioners
Versus
The State of Jharkhand ….. Opp. Party
CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
For the Petitioners : Mr. H. K. Shikarwar, Advocate For the State : None ---------
07/Dated: 1st May, 2019
1. The present petition has been filed under Section 482 of the Code of Criminal Procedure, for quashing the orders dated 02.03.2015 and 21.06.2016, passed by the learned Chief Judicial Magistrate, Hazaribagh, in connection with Sadar P.S. Case No.368 of 2014, corresponding to G.R. No.1425 of 2014, whereby the court below has ordered for issuance of proclamation under Section 82 Cr.P.C and order for attachment under Section 83 Cr.P.C.
2. Learned counsel, for the petitioners, has submitted that it would be evident from the impugned orders that no reasons have been assigned neither any satisfaction has been recorded for issuance of the processes under Sections 82 & 82 Cr.P.C. It is submitted that petitioner No.02, Kiran Singh, is a teacher in the Indira Gandhi Girls School, Hazaribagh and she has been discharging her duty since 1989. That no warrant of arrest was served upon her. The petitioner No.01 is the husband of the petitioner No.02 and he is an employer of Life Insurance Co., Ltd. It is submitted by the learned counsel that as on 21.06.2016 the nvestigation was not completed and without completion of the investigation the investigating officer had prayed for issuance of proclamation and the court below has passed the order in a mechanical manner..
On the above ground, prayer has been made for quashing the aforesaid orders.
3. Learned A.P.P. has submitted that the petitioners were not appearing despite the issuance of warrant of arrest, hence, the court below has rightly passed the order for issuance of proclamation and order for attachment.
4. Heard. Perused the orders dated 02.03.2015 and
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21.06.2016. The orders have been passed on returning of the execution of warrant of arrest, but no reasons or satisfaction has been recorded by the court below, that the petitioners were evading arrest or were concealing themselves or were absconding. Admittedly, the petitioner No.2 is a Govt. Teacher. The investigating officer has not produced any proof that he had visited the school for executing the warrant of arrest.
Section 83 Cr.P.C provides that the order of attachment can be passed when such person is making preparation for removing or disposing off the property. It is evident from the aforesaid orders that the orders have been passed only on the application of the investigating officer without recording any reasons or satisfaction, by the court below. The impugned orders dated 02.03.2015 and 21.06.2016 have been passed without application of judicial mind. Consequently, the orders are hereby, set aside and quashed.
The court below shall pass a reasoned and speaking order in accordance with law.
5. As a result, this miscellaneous petition stands allowed.
(AMITAV K. GUPTA, J.)
Chandan /-
2 issues framed by the court
Whether the High Court should quash orders for issuance of proclamation and attachment under Sections 82 and 83 Cr.P.C passed without recording reasons or satisfaction.
Whether the court below applied judicial mind in passing the impugned orders on the police application without verifying evasion of arrest.
3 provisions across 1 enactments
Shailendra Kumar Singh
Kiran Singh
The State of Jharkhand
Amitav K. Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
