IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 1259 of 2019 Pankaj Kumar Singh @ Pankaj Singh, aged about 50 years, S/o Chandeswar Singh, resident of C.D. Colony, P.O. & P.S.- Tilaiya, District- Koderma … Petitioner - Versus - The State of Jharkhand … Opp. Party ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ----- For the Petitioner : Mr. Vishal Kumar Trivedi, Advocate For the State : Mr. P. D. Agrawal, Spl.P.P. --- 07/18.02.2025 Heard the parties. This application has filed for quashing of order dated 19.05.2012 passed by learned C.J.M., Koderma in connection with Koderma (Tilaiya) P.S. Case No.354 of 2009, whereby and wherein, non-bailable warrant of arrest was issued against the petitioner. The petitioner has also prayed for quashing of order dated 30.08.2012, whereby and wherein, process under Section 82 Cr.P.C. has been issued against the petitioner. The petitioner has further prayed for quashing of order dated 12.10.2012, whereby and wherein, process under Section 83 Cr.P.C. has been issued against the petitioner and finally prayed for quashing of order dated 02.04.2013, whereby and wherein, the petitioner has been declared absconder. Learned counsel for the petitioner has drawn attention of this Court towards order dated 03.06.2011, from perusal of which, it appears that initially, summon was ordered to be issued against the petitioner. Thereafter, without any service report, non-bailable warrant of arrest was ordered to be issued against him. It further appears that without the execution report of non-bailable warrant of arrest the learned Magistrate has directed for issuance of process under Section 82 Cr.P.C. on 30.08.2012 and on the very next date i.e. 12.10.2012, process under Section 83 Cr.P.C. was issued without waiting for the execution report of process issued under Section 82 Cr.P.C. and finally without the execution report of process under Section 83 Cr.P.C., the petitioner was declared to be absconder. It is settled principle of law that without receipt of the service report of summon, non-bailable warrant of arrest cannot be issued petitioner and -2- without the execution report of non-bailable warrant of arrest and without execution report of process under Section 82 Cr.P.C., process under Section 83 Cr.P.C. cannot be issued. It is also settled principle of law that without awaiting the execution report of process under Sections 83 Cr.P.C., a person cannot be declared absconder. Mr. P. D. Agrawal, learned Spl.P.P. after going through the case record stated that it does not appear that any service report or execution report was available before the learned Magistrate before passing the coercive order against the petitioner. Accordingly, the impugned order dated 19.05.2012 directing for issuance of non-bailable warrant of arrest against the petitioner and subsequent order dated 30.08.2012 directing for issuance of process under Section 82 Cr.P.C. against the petitioner and order dated 12.10.2012 directing for issuance of process under Section 83 Cr.P.C. and finally order dated 02.04.2013 directing the petitioner absconder are set aside. This Cr.M.P. is allowed. Pending I.A., if any, stands also disposed of. The petitioner is directed to appear before the learned C.J.M., Koderma within 15 days from the date of receipt of this order by the court concerned. (Ambuj Nath, J.) Jay/-