Jharkhand High Court
Kartikesh Mishra @ Kartikesh Kumar ... vs The State Of Jharkhand ... Opp. Party(S) on 29 November, 2019
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 3060 of 2019
Kartikesh Mishra @ Kartikesh Kumar Mishra ... Petitioner(s).
-Versus-
The State of Jharkhand ... Opp. Party(s).
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
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For the Petitioner(s) : M/s Faisal Khan and S. M. Shahzad, Advocates.
For the State : A.P.P.
.........
05/29.11.2019: The petitioner has challenged the orders dated 3.6.2019 and
11.7.2019, by which, the processes under Sections 82 and 83 Cr.P.C, have been issued against the petitioner.
It is necessary to quote the aforesaid orders.
"3.6.2019: Complainant has filed attendance through lawyer. Accused is absent.
O/c to issue process 82 against the accused. Put up on 11.7.2019.
11.7.2019: Complainant filed Hazari through lawyer. Accused is absent.
O/c to issue process under Section 83 Cr.P.C against accused.
Put up case on 17.8.2019 on appearance."
The aforesaid orders are absolutely cryptic as the same do not reflect subjective satisfaction as to why the process under Sections 82 and 83 has been issued.
Since the subjective satisfaction is missing, the orders impugned dated 3.6.2019 and 11.7.2019 by which, the process under Sections 82 and 83 Cr.P.C has been issued against the petitioner in connection with Complaint Case No. 2613 of 2013, pending in the court of learned CJM, Ranchi, are quashed and set aside.
However, the learned Magistrate is at liberty to proceed further in accordance with law.
Before parting with the order, this Court finds that on each and every date, this Court comes across this type of cryptic orders passed by the Magistrates issuing process under Sections 82 and 83 Cr.P.C. The process under Sections 82 and 83 Cr.P.C cannot be issued in a mechanical manner. This Court further feels that perhaps the Judicial Magistrates of the State are unaware of the legal provisions and the requirements, while issuing the process under Sections 82 and 83 Cr.P.C against accused. The processes under Sections 82 and 83 Cr.P.C cannot be issued in mechanical or routine manner. This is not a routine order. Liberty of a person is involved. An order which curtails the liberty of a person must be passed cautiously, following all the requirements of law. It cannot be cryptic or mechanical nor can it be a routine order. This Court is burdened with applications challenging these type of cryptic orders. It adds to pendency of the cases for no reasons.
Duty is cast upon Judicial Academy of the State to train the Judicial Officers of the State so that this type of cryptic and mechanical orders are not passed while issuing the process under Sections 82 and 83 Cr.P.C .
Thus, Judicial Academy, Jharkhand, Ranchi, must now come forward to address this issue, and start imparting training to the Judicial Officers, on this primary issue.
Let a copy of this order be communicated through FAX to the Director, Judicial Academy, Ranchi for necessary action.
Anu/C.P.-3 (ANANDA SEN, J.)