Jharkhand High Court (Single Bench) has quashed and set aside 3 Orders of Magistrate Court issued under Sections 73, 82 and 83 of the Code of Criminal Procedure 1973, they being with out any application of mind, issued in mechanical manner and with out any reasons recorded as necessary by Code/Law.
From Para 3,
3. The main contention of the petitioners is that the Court below, in a most mechanical manner issued non-bailable warrant of arrest. In the similar
manner the process under section 82 of the Code and thereafter attachment order in terms of Section 83 of the Code have been issued. It is their contention that, even without receipt of the service report of bailable warrant of arrest, non-bailable warrant of arrest have been issued against the petitioners.
Similarly, without there being any service report of non-bailable warrant of arrest, process under Section 82 of the Code has been issued. Further, without any service of the process under Section 82 of the Code, attachment order in terms of Section 83 of the Code has been issued. It is also the case of the petitioners that the processes are being issued in utter violation of the respective provisions laid down in the Code, i.e. Sections 73, 82 & 83 thereof, thus, these orders need to be set aside.
Md. Rustum Alam @ Rustam Vs State of Jharkhand on 27 April 2020
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