Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 1434 of 2023
Ramdeo Rai, aged about 46 years, son of Sanichar Rai, Resident of Village Balidih, P.O and P.S. Bengabad, District Giridih--- --- Petitioner Versus The State of Jharkhand
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--- Opp. Party ---
CORAM: Hon’ble Mr. Justice Ambuj Nath
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For the Petitioner: Mr. Kamdeo Pandey, Advocate
For the O.P-State: Mr. Bhola Nath Ojha, A.P.P.
--- 07 / 07.03.2025 Petitioner has filed this application for quashing of order dated 22.02.2023 passed by the Principal Sessions Judge, Giridih in Cr. Revision No. 152 of 2022, whereby and wherein, the learned Principal Sessions Judge, Giridih dismissed the application filed by the petitioner and affirmed the order dated 01.07.20214, passed by the learned Chief Judicial Magistrate, Giridih, directing for issuance of process under section 82 of the Cr. P.C. against the petitioner in connection with Giridih (T) P.S. Case No. 198 of 2010 corresponding to G.R. No. 1997 of 2010.
2. Attention has been drawn towards the order dated 29.01.2014, whereby the learned Chief Judicial Magistrate, Giridih has passed order for issuance of non-bailable warrant of arrest against the petitioner. On the very next date i.e. 01.07.2014, without receiving execution report of non- bailable warrant of arrest, learned Chief Judicial Magistrate, Giridih issued process under section 82 of the Cr. P.C.
3.
Order dated 01.07.2014 issuing process under section 82 of the Cr. P.C. without receipt of the execution report of non-bailable warrant of arrest, is contrary to the settled principle of law. Accordingly, the order dated 01.07.2014 is quashed. Consequently, the order dated 22.02.2023 passed by the learned Principal Sessions Judge, Giridih in Cr. Revision No. 152 of 2022, affirming the order dated 01.07.2014, passed by the learned Chief Judicial Magistrate, Giridih, is quashed. This application is allowed. Pending I.A., if any, also stands disposed of.
4. Petitioner is directed to appear before the learned trial Court within two weeks from the date of receipt of this order.
(Ambuj Nath, J) Ranjeet/ Uploaded