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2025 DAILYLAW 15285 (JHR)

SUBHASH KUMAR v. THE STATE OF JHARKHAND

Cr.M.P./1624/2024 · 2025-03-11

Ambuj Nath

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Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 1624 of 2024 1. Subhash Kumar, S/o Jitendra Mahto, aged about 28 years, 2. Deepak Kumar, S/o Jitendra Mahto, aged about 26 years, Both are R/o village Chhattarmandu, P.O. Chhattarmandu, P.S. Ramgarh, District Ramgarh --- --- Petitioners Versus 1. The State of Jharkhand 2. Gyanendra Pandey, S/o Late Brij Raj Pandey, R/o Plto No. 102, Bari Co-operative Colony, P.O. Siwandih, P.S. Sector XII, District Bokaro --- --- Opp. Parties --- CORAM: Hon’ble Mr. Justice Ambuj Nath --- For the Petitioners: Mr. Lukesh Kumar, Advocate For the O.P-State: Mr. Shiv Shankar Kumar, A.P.P. --- 05 / 11.03.2025 Petitioner has filed this application for quashing of orders dated 17.09.2018, 05.01.2019 and 24.05.2022, by which, non-bailable warrant of arrest has been issued against the petitioner and process under sections 82 and 83 respectively of the Cr. P.C. have been issued against the petitioners, in connection with Complaint case no. 216 of 2017, pending in the court of learned A.C.J.M., Bokaro in which prima facie case was found to be true against the petitioners under sections 420/406 of the Indian Penal Code and section 138 of the N.I. Act. 2. It appears that non-bailable warrant of arrest was ordered to be issued against the petitioners on 17.09.2018. It further appears that without receipt of execution report of non-bailable warrant of arrest, process under section 82 of the Cr. P.C. was issued. Finally, without receipt of the execution report of the process issued under section 82 of the Cr. P.C, attachment order has been issued under section 83 of the Cr. P.C. Therefore, issuance of process under section 82 of the Cr. P.C without receipt of the execution report of non-bailable warrant of arrest against the petitioners and issuance of attachment order under section 83 of the Cr. P.C. without receipt of execution report of the process issued under section 82 of the Cr. P.C is bad in law. Accordingly, order dated 05.01.2019 by virtue of which process under section 82 of the Cr. P.C. was issued and order dated 24.05.2022 by virtue of which process under section 83 of the Cr. P.C. was issued, are quashed. However, I do not 2. find any illegality in the order dated 17.09.2018 by virtue of which, non- bailable warrant of arrest was issued against the petitioners. Accordingly, this application is partly allowed. Pending I.A., if any, also stands disposed of. (Ambuj Nath, J) Ranjeet/ Uploaded