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Judgment
R.R. Prasad
Heard learned counsel appearing for the petitioners and learned counsel for the State. This application is directed against the order dated 27.2.2008, whereby and whereunder processes have been issued against the petitioners under Sections 82 and 83 of the Cr. P.C.
Learned counsel appearing for the petitioners submits that a case was registered as Bhojudih G.R.P.S. Case No. 3 of 1989 (G.R. No. 379 of 1989), against the petitioners under Sections 144, 341 and 353 of the Indian Penal Code. When the charge-sheet was submitted in the court of learned A.C.J.M., Bokaro, an application was filed on 8.01.1996, by the learned A.P.P. to transfer the case from the court of learned A.C.J.M., Bokaro to the competent court at Dhanbad. Accordingly, the case was transferred which was received in the court of Railway Magistrate, Dhanbad on 18.11.1996, but the record never accompanied charge-sheet as well as the copy of the F.I.R. In spite of that an order was passed on 27.2.2008, whereby, the processes were ordered to be issued under Sections 82 and 83 of the Cr. P.C. against the petitioners without there being any report regarding service of summon or execution of warrant of arrest issued against the petitioners and thereby the order impugned is quite bad.
From the perusal of the order-sheets, the contention made on behalf of the petitioners appears to be quite correct. It is quite apparent that without there being any report regarding service of the summon or any report regarding execution of the warrant of arrest, processes under Sections 82 and 83 of the Cr. P.C. have been issued which is obviously bad in law.
Accordingly, the order dated 27.02.2008, is hereby, quashed.
In the result, this application stands allowed.
However, before parting with this order, it be recorded that the petitioners would be appearing before the court below, within four weeks, from today. If the petitioners would fail to put appearance within the time stipulated above, the court below would be at liberty to take all coercive steps for securing appearance of the accused persons. Let this order be communicated through "FAX" at the cost of the petitioners.