Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Kumar Dwivedi, J.
Gauri Shankar Yadav - Petitioner
Versus
The State of Jharkhand - Opposite Party
Cr.M.P. No. 1970 of 2021
Decided On : 07-04-2022
Illegality - Quashing of Orders - Execution Report - Satisfaction - Cryptic Order
Fact of the Case:
The petitioner filed a petition to quash orders directing the issuance of summons, bailable warrant of arrest, non bailable warrant of arrest, proclamation under sections 82/83 Cr.P.C. and permanent warrant in connection with a pending complaint case.
Finding of the Court:
The court found that the orders were passed without an execution report and without recording satisfaction, and were not in accordance with the law. The court quashed the impugned orders and remitted the matter back to the concerned court to proceed afresh in accordance with the law. The petitioner was directed to appear before the court by a specified date, with a warning of coercive measures if the petitioner failed to appear.
Issues: Quashing of orders directing issuance of warrants and summons, legality of the orders, absence of execution report and satisfaction, compliance with the law.
Ratio Decidendi: The court held that the orders were illegal as they were passed without an execution report and without recording satisfaction, and were not in accordance with the law.
Final Decision: The impugned orders were quashed, and the matter was remitted back to the concerned court to proceed afresh in accordance with the law. The petitioner was directed to appear before the court by a specified date, with a warning of coercive measures if the petitioner failed to appear.
JUDGMENT :
Heard Mr. Suraj Singh, learned counsel for the petitioner and Mr. Ashok Kumar Yadav, learned counsel for the State.
2. The present petition has been filed for quashing of orders dated 09.03.2017, 31.05.2017, 09.08.2017, 25.10.2017 and 12.10.2018 whereby summons, bailable warrant of arrest, non bailable warrant of arrest, proclamation under sections 82/83 Cr.P.C. and permanent warrant respectively have been directed to be issued against the petitioner in connection with Complaint Case No. 22/2017, pending in the Court of learned Chief Judicial Magistrate, Deoghar.
3. Mr. Suraj Singh, learned counsel for the petitioner submits that without execution report all these orders have been passed. He further submits that order by which process under section 82 Cr.P.C. has been issued is not in accordance with law and the said order is cryptic order. He submits that there is no satisfaction has been recorded by the concerned court in the said order. He submits that the petitioner is ready to appear in the concerned court on the date fixed by this Court.
4. Mr. Ashok Kumar Yadav, learned counsel for the State submits that there is no illegality in the impugned orders.
5. In view of the aforesaid facts and considering the submission of the learned counsel for the parties, the Court has gone through the impugned orders. It transpires that execution report with regard to notice, bailable warrant are not on record inspite of that non bailable warrant has been issued against the petitioner. Further, it appears that order by which process under section 82 Cr.P.C. has been issued, is also not in accordance with law. There is no satisfaction has been recorded by the concerned court in the said order. As the order dated 25.10.2017 is bad in law, subsequent order dated 12.10.2018 is not surviving.
6. In view of the above facts, impugned orders dated 09.03.2017, 31.05.2017, 09.08.2017, 25.10.2017 and 12.10.2018 whereby summons, bailable warrant of arrest, non bailable warrant of arrest, proclamation under sections 82/83 Cr.P.C. and permanent warrant respectively have been directed to be issued against the petitioner in connection with Complaint Case No. 22/2017, pending in the Court of learned Chief Judicial Magistrate, Deoghar, are hereby quashed.
7. The matter is remitted back to the concerned court to proceed afresh in accordance with law.
8. The petitioner is directed to appear before the court concerned on or before 25.04.2022.
9. It is made clear that if the petitioner fails to appear on or before the date fixed by this Court, all coercive measures shall be taken against the petitioner by the concerned court.
10. With the aforesaid observation and direction, this criminal miscellaneous petition stands disposed of. I.A., if any, stands disposed of.
AI
The central legal point established in the judgment is that orders directing the issuance of warrants and summons must be in accordance with the law, including the requirement of an execution report ....
The absence of execution report and lack of satisfaction recorded by the concerned court were crucial in the court's decision to quash the orders.
The central legal point established in the judgment is the requirement for proper satisfaction and compliance with legal parameters before issuing non-bailable warrants and authorizing detention.
The central legal point established in the judgment is that the issuance of proclamation under Section 82 and attachment of property under Section 83 must comply with the mandatory requirements of la....
The issuance of non-bailable warrants and proclamations must adhere to legal standards, including the necessity of an execution report and clear directives for appearance.
The issuance of processes under Section 82 of the Cr.P.C. must adhere to legal procedures, requiring judicial application and proper service of summons.
The legality of warrants for arrest in non-bailable offences and the requirement for the Magistrate to specify the place and date where the accused has to appear in compliance with the proclamation u....
Non-bailable warrant of arrest and process under section 82 Cr.P.C. must comply with the legal parameters and guidelines established in relevant judgments, including the indication of time and place.
The central legal point established in the judgment is the requirement for compliance with mandatory provisions of law for the issuance of proclamation and process under Section 82 and 83 of Cr.P.C.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
