Proper application of mind by the Magistrate is necessary for the issuance of process under section 82 and 83 Cr.P.C

JUDGMENT

Shree Chandrashekhar, J. - The petitioners seek quashing of the office-note dated 02.02.2018 by which process under section 82 Cr.P.C has allegedly been issued and the order dated 03.07.2018 by which process under section 83 Cr.P.C has been issued against them.

2. The petitioners have produced the entire proceeding in P.C. R Case No. 280 of 2016.

3. A perusal of the proceedings in the complaint case would disclose that no formal order for issuance of process under section 82 Cr.P.C has been passed by the Magistrate; there is an office-note dated 02.02.2018 which records, "issue process 82 against accused persons". The exercise of powers under section 82 Cr.P.C by the Magistrate must disclose proper application of mind by him. Without having adopted the procedure under section 82 Cr.P.C, process under section 83 Cr.P.C cannot be issued. As indicated hereinabove there is no formal order passed by the Magistrate for issue of process under section 82 Cr.P.C.

4. In view of the aforesaid facts, finding serious infirmity in the approach of the learned Magistrate the office-note dated 02.02.2018 and the impugned order dated 03.07.2018 by which process under section 83 Cr.P.C has been issued against the petitioners are quashed.

5. In the result, Cr.M.P No. 3869 of 2018 is allowed.

6. Let a copy of the proceeding in P.C.R Case No. 280 of 2016 be sent to the Director, Judicial Academy, Jharkhand for training of the Judicial Magistrates.