Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:10441 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1721 of 2024
------ Md. Mir Khan, aged about 24 years, S/o. Md. Naimuddin Khan, R/o. Durga Chak, Khanjanchak, P.O. & P.S.- Khanjachak, Dist.- East Midnapore, West Bengal. … … Petitioner
-Versus -
1. The State of Jharkhand
2. Ravi Kumar Singh @ Rajiv Kumar Singh, S/o. Dadan Singh, R/o. Vill.- Swarnarekha Colony, Chakulia, P.O. & P.S.- Chakulia, Dist.- East Singhbhum, Jharkhand. ... … Opposite Parties
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CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
------ For the Petitioner : Mr. Chandrajit Mukherjee, Advocate For the State : Mr. Manoj Kr. Mishra, A.P.P. For the O.P. No. 02 : Mr. Suraj Singh, Advocate
------ 03/04.04.2025
Heard the parties. 2. The petitioner has filed this application for quashing of order dated 12.09.2022 and order dated 20.03.2024 in connection with Complaint Case No. 219 of 2021 passed by the Court of learned S.D.J.M., Ghatshila, whereby and wherein, the learned Court has ordered for issuance of non-bailable warrant of arrest against the petitioner on 12.09.2022 and again on 20.03.2024, the learned Court has issued fresh non-bailable warrant of arrest through the Superintendent of Police, East Midnapore against the petitioner. 3. It was submitted that vide order dated 15.06.2022, summon was ordered to be issued for the appearance of petitioner. It was further submitted that without the service report of summon, bailable warrant of arrest was ordered to be issued on 04.08.2022 and without the execution report of bailable warrant of arrest, non-bailable warrant of arrest was ordered to be issued against the petitioner. It was also submitted that again vide order dated 20.03.2024, fresh non-bailable warrant of arrest through the Superintendent of Police, East Midnapore was ordered to be issued against the petitioner. 4. Issuance of bailable warrant of arrest without service report is
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grossly illegal and against all canons of the principle of law. Further, issuance of non-bailable warrant of arrest, without execution report of bailable warrant of arrest is also unwarranted. 5. Considering the aforesaid facts, order dated 12.09.2022 issuance of non-bailable warrant of arrest issued against the petitioner and order dated 20.03.2024 issuance of fresh non-bailable warrant of arrest through the Superintendent of Police, East Midnapore in connection with Complaint Case No. 219 of 2021 is set aside. 6. This Criminal Miscellaneous Petition stands allowed. Pending I.A., if any, stands disposed of.
(Ambuj Nath, J.) Rahul/-