Rajesh Srivastava @ Udai Jee @ Rajesh Kumar Sinha @ Rajesh Kr. Srivastava @ Udaijee vs State Of Jharkhand

This is the second incident in the last three days, which has come to the notice of this Court which relates to how in casual approach the order sheets

in court below are drawn up. This case shows as how the trial court and the Judicial Magistrates are handling the record of the case and how the

order sheets are being maintained. This is a very sorry state of affairs.

Learned counsel for the petitioner, on the last date, submitted that no judicial order was passed by the Magistrate issuing non-bailable warrant of arrest

against the petitioner, yet the same was issued on 18.11.2017, which would be evident from the note, which is in red ink, only written as “issue

NBW/Aâ€​ dt. 18.11.2017 in the margin column where the order sheet dated 12.12.2017 was drawn up.

This submission before this Court was taken very seriously as this Court cannot conceive of a situation where non-bailable warrant of arrest is issued,

without there being any judicial order for issuance of the same. He relied upon the certified copy of the order sheet on the last date.

To cross check the submission of the learned counsel for the petitioner, on the last date, this Court called for the original file of G.R. No. 4296 of 2009.

The original record has been placed today before this Court. This Court is shocked after going through the original record. What the counsel for the

petitioner had submitted, is absolutely correct. From the order sheet, I find that on 22.01.2016, the court below directed the petitioner’s counsel to

inform the court as to where the petitioner is. This order was passed as because the petitioner was already granted bail in G.R. No. 4296 of 2009, but

he was lodged in different other jail in relation to other cases. Thus, his where about was to be ascertained. Thus, the counsel was directed to inform

the court as to where the petitioner is lodged at. Time was granted to him to give the said information and the case was fixed on 25.02.2016.

Thereafter, on 25.02.2016 further time was granted to comply the order dated 22.01.2016. The order sheet suggests that till 22.05.2017 the case was

pending for compliance of the order dated 22.01.2016. On 13.06.2017 the case was transferred as per the order of the Principal District & Sessions

Judge. Thereafter, mechanical order started to be written to the effect that the earlier order has to be complied with. On 08.11.2017, an order was

passed in Hindi, which is translated in English as follows:-

“The accused absent.

Office to comply the earlier order.

List this case on 12.12.2017 for appearanceâ€​

Till 08.11.2017, after going through the order sheet, I find that no where the bail of the petitioner was cancelled, nor any warrant of arrest was issued.

Thereafter, I find that a unsigned note was written in English in red ink, which reads as follows:-

“Issue NBW/Aâ€​

(dt. 18-11-17)

The aforesaid note means, the office has issued non-bailable warrant of arrest. On the next date, i.e. 12.12.2017, order sheet has been drawn up

indicating that the office should call for the execution report of non-bailable warrant of arrest.

This is how in a most mechanical manner the order sheets have been drawn up in this particular case. Without there being any order for issuance of

non-bailable warrant of arrest, the office has issued the same. This is a very serious issue. The noting of issuance of non-bailable warrant of arrest,

prima facie amounts to tampering with the order sheet and orders of the court as no warrant are issued by any judicial order.

In this case, without there being any judicial order, warrant has been issued. This is viewed very very seriously by this Court. This gives an impression

to this Court that the order sheets are not being maintained properly by the custodian of the file and the Presiding Officers are not in control over the

daily proceeding of the case. As mentioned earlier, this is the second instance in last three days.

Further, I find from the order sheets that, basing on a non-existent order for issuing non-bailable warrant of arrest, the court thereafter proceeded and

passed order issuing process under Sections 82 & 83 Cr.P.C. This suggests that the Presiding Officer also did not go through the order sheets to

satisfy himself/herself as to whether at all earlier warrant of arrest was issued or not. This mechanical and irresponsible approach of the court below

is deprecated.

Thus, I direct Registrar (Vigilance) of this Court to conduct an inquiry and submit his report to this Court within six weeks. He is to find out on what

circumstances without there being a judicial order, warrant was issued. The person, who was incharge of this record on 18.1.2017 and made the

endorsement on it about issuance of non-bailable warrant of arrest on 18.11.2017 should be identified.

He will also seek explanation from the court as to how the subsequent order sheets have been drawn up without referring to the earlier orders and

without perusing the earlier order sheets, from which it would have been clear that no warrant of arrest was issued. The Registrar (Vigilance) will

also identify the officers who dealt with this case with such a casual approach. He is free to conduct inquiry on other aspect if he feels like.

Since, I called the Registrar (Vigilance) of this Court, who is present in Court, the original record of G.R. No. 4296 of 2009, pending in the Court of

Judicial Magistrate, 1st Class, Hazaribagh are being handed over to him in open court for keeping the same in custody till the enquiry is completed.

Since, there was absolute negligence in drawing up the order by the court below, the petitioner cannot be punished for the said act. Thus, I am inclined

to pass an interim order in favour of this petitioner.

Till final disposal of this case, no coercive steps shall be taken against the petitioner, named above, in connection G.R. No. 4296 of 2009, pending in

the Court of Judicial Magistrate, 1st Class, Hazaribagh.

Let a copy of this order be handed over the Registrar (Vigilance) of this court for doing the needful. A copy of the same be also handed over to the

Registrar General of this Court.

List this case on 27th January, 2020.