ARVIND SINGH. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Reference may be made to the order dated 29.11.2019, passed in this case. The matter which surfaced is of utmost concern and shocks the Court. The way, by which this case has been dealt with, is deprecated. There are serious laches on the part of the persons, who handled C/2 Case No. 181 of 2012, which is now pending before the A.C.J.M., Ghatshila. It is necessary to give brief facts to show as to what are the laches and how this case has been dealt with.

(2.) The petitioner had filed this application praying therein to quash the orders dated 15.04.2019 and 17.05.2019, by which process under Sections 82 & 83 of Cr.P.C. was issued. In Para-10 of this memo it has been mentioned that from bare perusal of the order sheet it is apparent that without any direction process under Section 82 Cr.P.C. was issued on 15.04.2019 against the petitioner.

(3.) This allegation, which has been made and which is on affidavit, is a very serious allegation. This suggests that without there being any order passed by the magistrate to the effect to issue process under Section 82 Cr.P.C., process was issued. The certified copy which was annexed with this petition shows that the case was fixed for 20.04.2016, when the court issued non-bailable warrant of arrest as the execution report of bailable warrant of arrest was not with the court. The next date was fixed on 22.06.2016. This date is reflected in the order dated 20.04.2016 itself. As per the certified copy, the next order sheet, which was placed before this Court is order dated 16.11.2016. There was no certified copy of the order dated 22.06.2016. This gave impression to this Court that there must have been some mistake in the order in fixing the date as because there was no certified copy on record to suggest that the case was place on 22.06.2016 before the court concerned. Further, in the cut copy an endorsement was made showing issuance of process under Section 82 Cr.P.C., but as per the certified copy of the order sheet I found no order by which the Court directed to issue process under Section 82 Cr.P.C.