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2019 DIGILAW 464 (JHR)

Florence Dungdung v. State Of Jharkhand

2019-02-14

SHREE CHANDRASHEKHAR

body2019
JUDGMENT Shree Chandrashekhar, J. - Even after more than three months when this quash-petition was filed, defects as notified by the Registry have not been removed by the petitioners. Not only that, on 14.12.2018 when this matter was listed before the learned Joint Registrar (Judl.) and on 22.01.2019 when it was listed before the learned Registrar-General no one appeared on behalf of the petitioners. 2. The petitioners seek quashing of the orders by which processes under section 82 Cr.P.C and section 83 Cr.P.C have been issued against them. 3. Mr. Naveen Kumar Ganjhu, the learned counsel for the petitioners submits that the petitioners have been forcibly implicated in Special POCSO Case No. 26 of 2017. 4. The order dated 08.03.2018 records that on 28.02.2018 notice was served upon the petitioners. The petitioners are accused in Muffasil P.S Case No. 17 of 2017 which has been registered under section 447, 448, 323, 504, 354, 34 IPC and under section 8 of POCSO Act (a copy of the First Information Report has not been brought on record). 5. In view of the serious allegations levelled against the petitioners in Special POCSO Case No. 26 of 2017 and the facts which are recorded in the order dated 08.03.2018 challenge to the orders by which processes have been issued against the petitioners on the ground that these are non-speaking orders must fail. The petitioners in view of service of notice upon them cannot be extended benefit on technicalities; mistake, if any, committed by the Magistrate in not recording the complete facts which, in fact, are recorded in the order dated 08.03.2018, is not a ground to interfere in this matter. 6. Viewed thus and for the reasons indicated hereinabove, I am not inclined to interfere in this matter and accordingly, Cr.M.P No. 3922 of 2018 is dismissed. However, the petitioners are directed to surrender before the court below within four weeks and if they move applications for bail, copies thereof served upon the learned A.P.P atleast three days prior to the date of hearing, their bail applications may preferably be considered on the same day.