Jharkhand High Court
Ram Pramod Singh vs The State Of Jharkhand on 8 September, 2020
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 973 of 2020
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Ram Pramod Singh ... Petitioner
-versus-
1. The State of Jharkhand
2. Bimla Hadin ... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN
THROUGH VIDEO CONFERENCING
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For the Petitioners : Mr. Ranjan Kumar, Advocate
For the State: Mr. Shekhar Sinha, A.P.P.
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4/ 08.09.2020 Heard learned counsel for the petitioner and learned A.P.P. for the
State through Video Conferencing. The lawyers have no objection with regard to the proceeding which has been held through video conferencing today at 11.00 a.m. They have no complain in regard to the audio and video quality and clarity.
2. This case was listed/supposed to be listed, before the Lawazima Board of the Registrar General for praying an order in respect of the defects, pointed out by the office.
3. Considering the pandemic situation where the Court has minimized the footfall of the lawyers and their clerks in the Court, this Court felt it proper to get all the cases listed before this Court so that the defects can be looked into at this stage only. Thus, this case is listed today before this Court directly.
4. There are several defects and one of the defects is in respect of the deficit court fee.
5. Learned counsel appearing for the petitioner undertakes to deposit the deficit court fee within two weeks from today. Rest of the defects stand ignored for the present.
6. With the consent of the parties, the matter is taken up for hearing on merits.
7. In this criminal miscellaneous petition, the petitioner has prayed for quashing the order dated 19.02.2020 passed by the learned Additional District Judge VI, Dhanbad in C.P. Case No.2237 of 2016, whereby processes under Section 82 of the Code of Criminal Procedure has been issued against the petitioner.
8. While I go through the order dated 19.02.2020, I find that the said order is merely an order correcting the order dated 09.01.2020. By virtue of order dated 09.01.2020, the Court below had issued attachment order under
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Section 83 Cr.P.C., but, vide the order dated 19.02.2020, the Court below corrected his mistake and held that inadvertently attachment order under Section 83 Cr.P.C. was issued in place of processes under Section 82 Cr.P.C., hence, it is rectified to the extent that in place of processes under Section 83 Cr.P.C., processes under Section 82 Cr.P.C. be read and issued afresh against the accused. In sum and substance, the petitioner was aggrieved by order dated 09.01.2020 read with 19.02.2020, by which processes under Section 82 Cr.P.C. has been issued.
9. This case has a history. This is a second round of litigation on the same issue. On 05.12.2018, the Special Judge-cum-1st Additional District Judge, Dhanbad in S.T. S.C. Case No.232 of 2018 issued processes under Section 82 Cr.P.C. against the petitioner, who is the sole accused. It is necessary to quote the said order dated 05.12.2018, which reads as under: -
"05.12.18 Complainant filed attendance through lawyer. Accused is absent. E/R of N.B.W. issued against him is received according to which the accused is running away due to fear of arrest.
Office to process 82 Cr.P.C. against him. Put up on 16.01.19 for appearance."
10. The said order was challenged before this Court in an application under Section 482 of the Code of Criminal Procedure being Cr. M.P. No.650 of 2019. An Hon'ble Bench of this Court allowed the said criminal miscellaneous petition by setting aside the order dated 05.12.2018 on the ground that the Court below has not assigned any reasons or recorded its satisfaction that the accused was absconding or concealing himself. It was further held that the order has been passed in a mechanical manner without application of judicial mind. Thus, the order dated 05.12.2018 was quashed and set aside and the matter was remanded to the Special Judge to pass a reasoned and speaking order in accordance with law. It is necessary to quote para 2 of the order dated 03.07.2019 passed by the Bench of this Court in Cr. M.P. No.650 of 2019, which reads as under: -
04/03.07.2019
1. ........
2. Having heard learned counsel for the petitioner and learned A.P.P. it transpires that the court below has ordered for issuance of processes under Section 82 Cr.P.C. on receipt of the execution report of NBW. The court below, while passing the order has not assigned any reasons or recorded its satisfaction that the -: 3 :- accused was absconding or concealing himself. That the order has been passed in a mechanical manner without application of judicial mind. Accordingly, the order dated 05.12.2018 is, hereby, quashed and set aside. The court below shall pass reasoned and speaking order, in accordance with law."
11. The aforesaid order was received by the Court below on 09.07.2019. On 19.07.2019, the learned Special Judge, after going through the order passed by this Court in Cr. M.P. No.650 of 2019 and referring to the same, issued fresh non-bailable warrant of arrest against the accused. The concerned Special Judge awaited for execution report of the warrant of arrest, which is apparent from the orders dated 26.08.2019 and 01.10.2019. On 14.11.2019, as per the office order of the Principal District & Sessions Judge, Dhanbad, the case was transferred to the Court of Special Judge, SC ST, Dhanbad. The concerned Special Judge, then, on the next date fixed, i.e., on 02.12.2019 awaited for the service report and fixed the case on 09.01.2020.
On 09.01.2020, the following order was passed: -
09/1/20 Complaint filed attendance through lawyer. Accused is still absent. O/c to issue 83 against the accused persons.
Put up on 28/1/20 for appearance.
12. On the next date, i.e., 28.01.2020, the Court records that the execution report of 83 Cr.P.C. is awaited thus fixed the case on 19.02.2020. On 19.02.2020, when the record was put up, the concerned Special Judge perused the record and found that the Hon'ble Court on 03.07.2019 had set aside the order of Special Judge by which processes under Section 82 Cr.P.C. was issued. He also records that thereafter fresh non-bailable warrant of arrest was issued, but, it transpired that inadvertently processes under Section 83 Cr.P.C. was issued, which the Court then rectified and issued processes under Section 82 Cr.P.C. in place of processes under Section 83 Cr.P.C. This means, the Court only corrected the order dated 09.01.2020 by which processes under Section 83 Cr.P.C. was issued in place of processes under Section 82 Cr.P.C. The practical impact of the order is that in order dated 09.01.2020, in place of processes under Section 83 Cr.P.C., processes under Section 82 Cr.P.C. is to be read. Thus, from the aforesaid fact, it is clear that the substantive order by which processes under Section 82 Cr.P.C. was issued after the matter was remanded to the Court concerned by the High Court, is dated 09.01.2020.
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13. The order dated 09.01.2020 has already been quoted above and it speaks for itself. The approach and the manner in which the orders, i.e., order dated 09.01.2020 and the order dated 19.02.2020 have been passed by the Special Judge is highly deprecated by this Court. The Special Judge has failed to understand the content and intent of the order dated 03.07.2019 passed by the High Court in Cr. M.P. No.650 of 2019. The said order passed by the High Court has also been quoted above. There was a specific direction by the High Court to pass a reasoned and speaking order, as the earlier order passed under Section 82 Cr.P.C. "has not assigned any reasons or recorded its satisfaction that the accused was absconding or concealing himself." This was a specific direction given by the High Court. The Special Judge in the orders dated 09.01.2020 and 19.02.2020, has ignored the aforesaid direction of the High Court and again passed a most mechanical order. The aforesaid orders passed by the Special Judge are more mechanical than the earlier order dated 05.12.2018, which has been set aside by the High Court. This is nothing, but, an utmost judicial indiscipline. The order dated 19.02.2020 clearly suggests that the Court had gone through the order dated 03.07.2019 passed by the High Court. This Court cannot fathom that the order dated 03.07.2019 of the High Court, which is written in a most simple language, is not understood by the Special Judge, who is a Judicial Officer in the rank of District Judge. When the High Court directs any subordinate Court to pass a reasoned and speaking order, the Subordinate Court is duty bound to pass a reasoned order. He cannot ignore or bypass the directions given by the High Court. This act of Special Judge, Dhanbad in not adhering to the directions of the High Court is highly deprecated. The approach of the Special Judge is too casual in this case. The Special Judge, Dhanbad is cautioned to be cautious in future while drawing up ordersheets, especially the ordersheets which are drawn up pursuant to the directions given by the High Court.
14. Now, on the merits of the case, the order dated 19.02.2020 by which processes under Section 82 Cr.P.C. has been issued, as has been mentioned above, is a corrective order. The substantive order is dated 09.01.2020. As held earlier, this order is more cryptic and mechanical, than the earlier order, which has been set aside by this Court in Cr. M.P. No.650 of 2019. There is absolute non-application of mind. Thus, the orders dated 09.01.2020 and 19.02.2020 passed in C.P. Case No. 2237 of 2016 (SC/ST Case No.232 of 2018), by which processes under Section 82 Cr.P.C. has been -: 5 :- issued are hereby quashed and set aside. The matter is remanded to the Court below to pass a fresh order in terms of the directions given earlier by this Court in Cr. M.P. No.650 of 2019 and the judgment passed by this Court in Md. Rustum Alam @ Rustam & Others versus State of Jharkhand (Cr. M.P. No. 2722 of 2019), which is duly circulated to all the Judicial Officers of the State.
15. This criminal miscellaneous petition, thus, stands allowed.
16. Let a copy of this order be placed before the Hon'ble Inspecting Judge, who is incharge of Civil Courts, Dhanbad through the Registrar General and let a copy of this order be forwarded to the Principal District Judge, Dhanbad by fax also to serve the same upon the concerned Special Judge.
(Ananda Sen, J.) Kumar/Cp-03