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2025 DAILYLAW 27013 (JHR)

PRATIK PRAKASH SINGH v. THE STATE OF JHARKHAND

Cr.M.P./3063/2024 · 2025-03-11

Ambuj Nath

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M. P. No. 3063 of 2024 ------- 1. Pratik Prakash Singh, aged about 35 years, son of Deo Prakash Singh. 2. Pravin Prakash Singh @ Pranav, aged about 33 years, son of Deo Prakash Singh, Both of them are resident of village Jamuwa, P.O. & P.S. Sangrampur, District Munger, Bihar. …... …. Petitioner(s) Versus 1. The State of Jharkhand 2. Manoj Prasad Singh, son of Umesh Prasad Singh, resident of village Ratanpur, P.O. & P.S. Gidhour, District Jamui, Bihar. .…. …. Opp. Parties -------- CORAM : HON’BLE MR. JUSTICE AMBUJ NATH -------- For the Petitioner(s) : Mr. Pran Pranay, Advocate For the State : Mr. Manoj Kr. Mishra, A.P.P. For the Opp. Party No.2 : Mr. Shivam Singh, Advocate -------- 03/ Dated 11.03.2025 This application has been filed for quashing of the order dated 25.11.2019 passed by Sri B.C. Chaterjee, learned Judicial Magistrate, 1st class, Deoghar, whereby and wherein, learned Judicial Magistrate, Deoghar has ordered for issuance of proclamation against the petitioners under Section 82 of the Cr.P.C in connection with Complaint Case No.533/2016, in which, prima facie case has been found to be true under Sections 379, 323, 406, 420/34 & 120(B) of the Indian Penal Code. From perusal of the order dated 25.11.2019, it appears that without the receipt of the execution report of non bailable warrant of arrest, process under 82 Cr.P.C was issued against the petitioners. In view of the aforesaid fact, the order dated 25.11.2019 is hereby quashed. This criminal miscellaneous petition is accordingly allowed. Pending I.A., if any, also stands disposed of. (Ambuj Nath, J.) BS/-