Shree Chandrashekhar, J. - (1.) The petitioner seeks quashing of the order dated 24.11.2017 by which process under section 82 Cr.P.C has been issued and the order dated 30.11.2017 by which process under section 83 Cr.P.C has been issued against him.
(2.) The learned counsel for the petitioner submits that the orders by which processes under section 82 Cr.P.C and section 83 Cr.P.C have been issued do not disclose application of mind by the Magistrate; these orders have been issued mechanically. It is further submitted that without following the mandatory requirements under section 82 Cr.P.C and section 83 Cr.P.C these orders have been issued.
(3.) A First Information Report vide Namkum P.S. Case No.288 of 2017 was lodged for the offences under sections 302 and 120B r/w 34 IPC and under section 27 of the Arms Act. The petitioner is a named accused. The written report dated 15.11.2017 on the basis of which the First Information Report has been lodged contains allegations against the petitioner that on account of dispute relating to land; the petitioner is a land-broker, the occurrence has taken place. In the order dated 20.11.2017 the Magistrate has recorded that sufficient materials on the complicity of the petitioner have been collected during the course of investigation. On the requisition of the investigating officer therefore non-bailable warrant of arrest has been issued on 20.11.2017. On an apprehension that the accused- petitioner is trying to dispose of the immovable properties and he is evading arrest, process under section 82 Cr.P.C has been issued on 24.11.2017 and the process under section 83 Cr.P.C has been issued on 30.11.2017. Contention raised on behalf of the petitioner that before lapse of 30 days which is the period under section 82 Cr.P.C, process under section 83 Cr.P.C. could not have been issued is bereft of substance. The opening line of section 83 Cr.P.C makes it apparent that after issuing process under section 82 Cr.P.C at any time process under section 83 Cr.P.C can be issued. The order-sheet of Namkum P.S. Case No.288 of 2017 corresponding to G.R. No.6210 of 2017 would disclose that the co-accused namely, Ram Oraon has been taken into custody and his application for grant of bail has been dismissed vide order dated 06.01.2018.;