JUDGMENT :

Heard Mr. Shailendra Jit, learned counsel for the petitioner and Mr. Manoj Kumar Mishra, learned A.P.P. for the opposite party-State.

2. This criminal miscellaneous petition has been taken through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. The petitioners have filed this petition for quashing the orders dated 30.03.2010 and 22.11.2010 whereby non-bailable warrant of arrest and the process under Sections 82 and 83 Cr.P.C. respectively have been issued against the petitioners. The order dated 10.11.2018 is also under challenge in this petition, whereby, the petitioners have been declared absconder and permanent warrant of arrest has been issued against them in connection with Sadar P.S. Case No.106 of 2009, corresponding to G.R. Case No.397/2009, pending in the court of the learned C.J.M., Hazaribag.

4. Learned counsel for the petitioners submits that summon was not served upon the petitioners and straightway non-bailable warrant of arrest has been issued against them vide order dated 30.03.2010. He further submits that processes under Sections 82 and 83 Cr.P.C. have been issued against the petitioner vide order dated 22.11.2010 without execution of non-bailable warrant upon the petitioners and thereafter vide order dated 10.11.2018, the petitioners have been declared absconder.

5. Learned A.P.P. for the State tries to justify the impugned orders.

6. On perusal of the order dated 30.03.2010, it transpires that without execution of the summon, straightway non-bailable warrant of arrest has been issued against the petitioners. The processes under Sections 82 and 83 Cr.P.C. have been directed to be issued against the petitioners vide order dated 22.11.2010, which is not in accordance with the parameters of the Cr.P.C. and also as per those Sections. The order dated 22.11.2010 is cryptic in nature as there is no satisfaction of the learned Magistrate recorded in the order, which is mandatory under the Cr.P.C. Since the orders dated 30.03.2010 and 22.11.2010 are not passed in accordance with law, the order dated 10.11.2018 will not survive. Accordingly, the orders dated 30.03.2010, 22.11.2010 and 10.11.2018 passed in connection with Sadar P.S. Case No.106/2009, corresponding to G.R. Case No.397/2009, pending the court of the learned C.J.M., Hazaribag, are hereby quashed. The matter is remanded back to the learned C.J.M., Hazaribag. The petitioners are directed to appear before the concerned court on 25.11.2021 and on that day, the concerned court will pass an appropriate order, in accordance with law.

7. Accordingly, this criminal miscellaneous petition stands allowed and disposed of.