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2025 DAILYLAW 27082 (JHR)

AJAY RANA ALIAS AJAY KUMAR v. THE STATE OF JHARKHAND

Cr.M.P./3321/2024 · 2025-03-06

Ambuj Nath

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Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 3321 of 2024 ------ Ajay Rana @ Ajay Kumar, aged about 24 years, S/o. Prabhu Barahi, R/o. Cinema Hall, Dhanwar, P.O. & P.S.- Dhanwar, Dist.- Giridih. … … Petitioner -Versus - The State of Jharkhand ... … Opposite Party ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ------ For the Petitioner : Mr. Vijay Kumar Roy, Advocate For the State : Mr. Prabhu Dayal Agrawal, Spl.P.P. For the O.P. No. 02 : Mr. Anupam Tiwari, Advocate ------ 03/06.03.2025 Heard the parties. 2. This Criminal Miscellaneous Petition has been filed by the petitioner for quashing of order dated 02.09.2024 passed by the Court of learned Additional Sessions Judge-II, Giridih-cum-Special Judge, Cyber Act, Giridih in connection with Giridih Mahila P.S. Case No. 04/2024, for the offences registered under Sections 376, 504 & 506 of the I.P.C. and Sections 66(E), 67 & 67(A) of the I.T. Act, whereby and wherein, learned Court has issued process under Section 82 of the Cr.P.C. without following the due procedure of law. The petitioner has further prayed for quashing of the entire criminal proceeding of this case. 3. The present case was filed against the petitioner under Sections 376, 504 & 506 of the I.P.C. and Sections 66(E), 67 & 67(A) of the I.T. Act which is Sessions Trial case. 4. It appears from the order dated 22.07.2024 that the Investigating Officer has filed an application for issuance of warrant of arrest of the petitioner as he was avoiding his arrest. On the basis of the application filed by the Investigating Officer, the learned Court below passed an order for issuance of non-bailable warrant of arrest against the present petitioner. It further appears that vide order dated 02.09.2024, after 2 | P a g e receiving execution report of non-bailable warrant of arrest, where the Investigating Officer has reported that the petitioner was evading his arrest and prayed for issuance of process under Section 82 Cr.P.C. On the basis of execution report of non-bailable warrant of arrest, the learned Additional Sessions Judge-II, Giridih-cum-Special Judge, Cyber Act, Giridih issued a proclamation order against the petitioner under Section 82 of the Cr.P.C. 5. It is apparent that the process under Section 82 Cr.P.C. was issued by the Court of learned Additional Sessions Judge-II, Giridih- cum-Special Judge, Cyber Act, Giridih after receipt of execution report of non-bailable warrant of arrest issued against the petitioner. 6. Accordingly. I do not find any illegality in the order dated 02.09.2024 passed by the Court of learned Additional Sessions Judge- lI, Giridih-cum-Special Judge, Cyber Act, Giridih for issuance of process under Section 82 of the Cr.P.C. 7. This Criminal Miscellaneous Petition is dismissed. Pending I.A., if any, stands disposed of. (Ambuj Nath, J.) Rahul/-