The court considered the petitioners' legal recourse under the Cr.P.C. and the timing of the order in deciding to quash the order directing process under section 82.

JUDGMENT :

Heard Mr. R.S. Mazumdar, learned senior counsel for the petitioners and Mr. Abhay Kr. Tiwari, learned counsel for the State.

2. The present petition has been filed for quashing of order dated 10.05.2022 whereby process under section 82 has been directed to be issued against the petitioner in connection with Saraidhela P.S. Case No. 35 of 2022, pending in the Court of learned Chief Judicial Magistrate, Dhanbad.

3. Mr. R.S. Mazumdar, learned senior counsel for the petitioners submits that for the dispute between families, all the family members have been made accused even ladies members have not been left. He further submits that it is not a case where petitioners are evading their arrest rather the petitioners have taken recourse under the Cr.P.C. by filing A.B.P. and A.B.A. before the learned court below and before this Hon’ble Court but during pendency of A.B.A., process under section 82 Cr.P.C. has been issued against the petitioners. He further submits that F.I.R. was lodged on 17.02.2022 and the petitioners have moved A.B.P. on 04.03.2022. The said A.B.P. was transferred to another Court and was heard in which case diary was called for by the court below thereafter it has been adjourned in anticipation of receipt of case diary. He submits that on 19.04.2022, the said A.B.P. was rejected and on 24.04.2022 a petition for certified copy has been applied. The petitioners preferred A.B.A. on 28.04.2022. Learned senior counsel for the petitioners submits that in absence of execution report N.B.W. has been issued against the petitioners on the request of Investigating Officer on 31.03.2022. He further submits that this is not a case that petitioners have not taken recourse under the Cr.P.C. He further submits that the impugned order is not in accordance with law.

4. Mr. Abhay Kr. Tiwari, learned counsel for the State submits that there is no illegality in the impugned order.

5. The court has gone through the impugned orders. It is an admitted position that the petitioners have taken recourse under the Cr.P.C and they have filed A.B.P. and A.B.A. Order of issuing process of 82 Cr.P.C. has been passed in haste though it was within the knowledge of the court about filing of the A.B.P. and A.B.A. The petitioners have already taken recourse under Cr.P.C.. However, looking into the order dated 10.05.2022, it appears that learned court below has passed a long order, even date and time has been indicated in that order and it cannot be said that the said order is not in accordance with law however the said order was required to be passed taking into account whether the petitioners are evading their arrest or not. In fact the petitioners were taking recourse under the law.

6. In view of the aforesaid facts, this petition is being disposed of with direction to the petitioners to appear in the Court below on or before 27.06.2022. In the event of such appearance the process shall not be given effect to.

7. If the petitioners do not appear on or before the aforesaid date, the concerned court shall take all coercive measures against the petitioners.

8. Any petition filed by the petitioners shall be considered and disposed of on the same day in accordance with law and taking into account the observations made herein above and also the fact that the some of the petitioners are ladies.

9. With the aforesaid observation and direction, this criminal miscellaneous petition stands disposed of. Pending, I.A., if any stands disposed of.