RITA SAHU AND ORS. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner has prayed for quashing of the orders dated 19.2.2015, 24.3.2015 and 8.5.2015 passed by learned Judicial Magistrate, 1st Class, Jamshedpur in G.R. Case No. 3883 of 2014 arising out of Mango (Ulidih) P.S. Case No. 618 of 2014 whereby and whereunder the warrant of arrest and the processes under Ss. 82 and 83 of the Code of Criminal Procedure (in short 'the Code') respectively have been issued and has also prayed to quash the first information report as well as the entire criminal proceeding of the above case. The prosecution case, which is necessary for the proper adjudication of the issue involved in this writ application, in short, is that at the instance of the informant Khusboo Kumari, a written report was lodged stating that her marriage with Amit - Kumar was solemnized on 4.12.2011 as per Hindu rituals and rites and as per the custom, her father had made expenses of rupees fifteen lakhs as per the demand of her in -laws but after few days of the marriage, there was a complete change in the behaviour of the in -laws and other persons and they started taunting upon her. After almost one month of the marriage, she went to Noida along with her husband where he was posted. Her husband after taking drink used to misbehave with her for which she made complaint to her in -laws but they instead of restraining her husband instigated him on phone whereafter she was tortured mentally and physically and even she was threatened of dire consequence. She informed her parents about the torture and cruelty but being annoyed of that, her husband left his service and came back to his house at Dipatoli, Ranchi. This time, they started demanding money for doing business. During "Chhath" Pooja, she came to her parents' house along with her husband where she mentioned about the demand and when her parents refused to fulfill such demand, her husband abused them also. On 11.11.2014, her husband went to Singapore and after his return, as the demand of money was not fulfilled, she was again threatened. Hence, the F.I.R.

(2.) It appears from the order -sheet of the court below enclosed with this writ application that on the basis of the written report of the informant, F.I.R. was lodged and sent to the Court on 16.12.2014 and on the very next date i.e. 19.2.2015 fixed in the case, on a requisition filed by the Investigating Officer, warrant of arrest against the petitioners were issued. On the very next date 24.3.2015, on mere requisition of the Investigating Officer, the proclamation under Sec. 82 of the Code was directed to be issued, which was issued by the office of court below on 4.4.2015. On 8.5.2014, a prayer was made by the Investigating Officer in writing to the court to issue process under Sec. 83 of the Code for attachment of property of the petitioners and the same was issued on 11.5.2015. Apparently, summons were never issued for appearance of the petitioners.

(3.) Mr. P.P.N. Roy, learned senior counsel appearing for the petitioners submitted that though prayer was made in the writ application for quashing of the entire criminal proceeding as well as the F.I.R. of the case but his submission is now confined to the issuance of the non -bailable warrant and processes under Ss. 82 an 83 of the Code only. Learned senior counsel seriously contended that the court below without following the mandates of the Hon'ble Supreme Court given in several cases, passed the above orders in a mechanical manner without applying his judicial mind and that on mere perusal of the order sheet of this writ application, it would appear that the above orders are non -speaking and without following the mandates of issuance of summons and recording its satisfaction before issuing processes. Hence, the above orders are liable to be quashed in the light of the mandates given by the Hon'ble Supreme Court in the cases of Raghuvansh Dewanchand Bhasin v/s. State of Maharashtra and Another; : (2011) 4 JLJR (SC) 385 and Inder Mohan Goswami & Anr. v/s. State of Uttaranchal & Ors.; [ : 2008 (1) JLJR (S.C.) 82].