Shree Chandrashekhar, J. - (1.) The petitioner seeks quashing of the order dated 03.10.2013 passed under section 82 Cr.P.C and the order dated 20.11.2013 by which processes under section 83 Cr.P.C have been issued against him.
(2.) Mr. Kumar Udayan, the learned counsel for the petitioner submits that the orders by which processes under section 82 and section 83 Cr.P.C have been issued do not disclose application of mind by the Magistrate; the Magistrate has failed to record his satisfaction for issuing processes against the petitioner.
(3.) Briefly stated, Katkamsandi P.S. Case No.176 of 2013 corresponding to G.R.Case No.3005 of 2013 has been registered on 03.09.2013 for the offence under section 376 IPC. The petitioner is the named accused and he is the one on whom allegation of commission of the offence punishable under section 376 IPC has been levelled. The proceeding in G.R.Case No.3005 of 2013 would disclose that on the requisitions of the Investigating Officer processes under section 82 and section 83 Cr.P.C have been issued against the petitioner. It is not a claim put-forth by the petitioner that he had no knowledge of the registration of a case under section 376 IPC in which he is the main accused. More than 5 years after the processes under section 82 and section 83 Cr.P.C were issued the petitioner has approached this Court.;