MANISH KUMAR @ RAJAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner seeks quashing of the order dated 05.02.2015 and order dated 23.07.2015.

(2.) Contention raised on behalf of the petitioner is that the impugned orders dated 05.02.2015 and 23.07.2015 do not disclose application of mind by the Magistrate; these are cryptic orders passed under section 82/83 Cr.P.C.

(3.) Complaint Case No. 608 of 2009 was filed alleging offence under section 323, 341, 379 406 and 420 IPC. Order dated 05.08.2009 indicates that the Magistrate proceeded under section 202 Cr.P.C and caused an enquiry in the matter. By an order dated 27.01.2014 passed in A.B.A No. 3272 of 2013 it was ordered that on surrender of the petitioner in the court below he shall be released on bail. Thereafter, it appears that the petitioner has made himself not available during the trial. As late as on 01.11.2014 the petitioner remained absent in the proceeding of the complaint case and therefore by an order dated 05.02.2015 process under section 82 Cr.P.C has been issued against him. More than five and half months thereafter when the petitioner did not appear in Complaint Case No. 608 of 2009 process under section 83 Cr.P.C has been issued against him. Now, more than two and half years thereafter the petitioner came to this Court seeking quashing of the order by which processes under section 82 and 83 Cr.P.C have been issued against him. In the aforesaid facts may be the orders passed by the Magistrate are not technically perfect, the petitioner cannot be given any benefit on technicalities. It is really content and intent of the order which matter the most.