MD JAVED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing the order dated 27.09.2018 whereby process under Section 82 Cr.P.C has been issued against the petitioner.

(2.) Learned counsel for the petitioner has submitted that it would be evident from the order-sheet that non-bailable warrant was issued against the petitioner by the court below but the execution report was not received. That the court below, without assigning any reason has ordered for issuance of the process under Section 82 Cr.P.C.

(3.) Heard. On going through the certified copy of the order-sheets it transpires that non-bailable warrant was issued on 24.06.2016 against the petitioner, thereafter, the case was transferred to another court vide order dated 21.09.2016. It transpires that in the margin of the order-sheet dated 18.11.2016 direction was given to call for execution report and the matter was posted on 19.12.2016. Again the case was transferred to another court on 06.03.2017 and in the margin of order-sheet dated 11.05.2017, the endorsement is made directing the office to call for the execution report of non- bailable warrant. It is evident that till 27.09.2018 the execution report of the non-bailable warrant was not received and on 27.09.2018 the court below ordered for issuance of process under Section 82 Cr.P.C. Evidently no reasons have been assigned or satisfaction recorded by the court before ordering for issuance of process under Section 82 Cr.P.C. It is amply clear that the impugned order is not in accordance with law accordingly, it is, hereby, quashed.