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2025 DAILYLAW 14013 (JHR)

YOGESH KUMAR SINGH v. THE STATE OF JHARKHAND

Cr.M.P./1560/2019 · 2025-03-12

Ambuj Nath

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1560 of 2019 ------ Yogesh Kumar Singh, aged about 32 years, S/o. Dinesh Singh, R/o. Ramnagar, Byepass Road, Near Puran Chini Mill, P.O & P.S.- Hussainganj, Dist.- Siwan, Bihar. … … Petitioner -Versus - 1. The State of Jharkhand 2. Vinod Kumar Singh, S/o. Sri Nandeo Singh, R/o. Vill.- Pandwa, P.O.- Rajhara, P.S.- Patan, Dist.- Palamau. ... … Opposite Parties ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ------ For the Petitioner : Mr. Binod Kumar, Advocate For the State : Mr. Anup Pawan Topno, A.P.P. For the O.P. No. 02 : Mr. Raj Nandan Chatterjee, Advocate ------ 09/12.03.2025 Heard the parties. 2. The petitioner has filed this application for quashing of process issued under Section 82 of the Cr.P.C. vide order dated 06.03.2012 and process issued under Section 83 of the Cr.P.C. vide order dated 31.01.2019, whereby and wherein the process under Sections 82 of the Cr.P.C. and attachment order under Section 83 of the Cr.P.C. was issued against the petitioner in connection with Patan/Rajhara P.S. Case No. 168/2009 corresponding to G.R. Case No. 2040/2009 for the offences registered under Sections 420, 467, 468, 471, 406, 120B/34 of the I.P.C. 3. From perusal of the order dated 06.03.2012, it appears that after the receipt of the execution report of non-bailable warrant of arrest against the petitioner, process under Section 82 of the Cr.P.C. was issued. The Investigating Officer has reported that the petitioner was avoiding his arrest and he was removing his properties. 4. From perusal of the order dated 31.01.2019, it appears that without the receipt of execution report of process under Section 82 of the Cr.P.C., process under Section 83 of the Cr.P.C. was issued against the petitioner. 5. The learned Trial Court has issued process under Section 82 of the Cr.P.C. against the petitioner after receipt of the execution report and as such, I do not find any illegality in the said order. 6. So far as, process under Section 83 of the Cr.P.C. is concerned, it was issued without any report of execution of process issued under Section 82 of the Cr.P.C. 7. Accordingly, order dated 31.01.2019, issuing process under Section 83 of the Cr.P.C. is quashed. However, order dated 06.03.2012, process under Section 82 of the Cr.P.C. is rejected. 8. This Criminal Miscellaneous Petition is partly allowed. Pending I.A., if any, stands disposed of. (Ambuj Nath, J.) Rahul/-