Extracted from the PDF above. The PDF is authoritative.
(2025:JHHC:10660)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M. P. No. 2814 of 2021
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Ranju Devi, aged about 38 years, wife of Sadhu Yadav, resident of village Bhojpur Tola Banghhi, P.O. & P.S. Hunterganj, District Chatra.
…... …. Petitioner(s)
Versus
The State of Jharkhand
.…. …. Opp. Party
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CORAM : HON’BLE MR. JUSTICE AMBUJ NATH
-------- For the Petitioner(s)
: Mr. Vijay Kumar Sharma, Advocate For the State
: Md. Yasir Arafat, A.C to G.P.-IV For the Informant
: Mr. Bishambhar Shastri, Advocate
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05/ Dated 07.04.2025
This criminal miscellaneous petition has filed for setting aside the
order dated 05.07.2021, passed by Sri Rakesh Kumar Singh, learned Sessions Judge, Chatra in Criminal Revision No.18/2019, which was passed against the order dated 27.11.2018 passed by Sri K. K. Prasad, learned Judicial Magistrate, 1st class, Chatra in connection with Hunterganj P.S. Case No.16/2015, whereby and wherein, learned Sessions Judge has dismissed an application of the petitioner filed against the issuance of non- bailable warrant of arrest and process under Sections 82 & 83 of the Cr.P.C passed by learned Judicial Magistrate, 1st class, Chatra in connection with Hunterganj P.S. Case No.16/2015 registered under Sections 341, 323, 504 & 325/34 of the Indian Penal Code.
Offences alleged are bailable in nature. It appears that initially, summon was ordered to be issued for appearance of accused persons. It appears that without receipt of service report, bailable warrant of arrest was issued against the petitioner on 10.12.2015. It further appears that without the receipt of execution report of bailable warrant of arrest, non-bailable warrant of arrest was ordered to be issued against the petitioner on
26.04.2018. It also appears that without the receipt of execution report of non-bailable warrant of arrest, order for issuance of process under Section 82 Cr.P.C was issued on 28.05.2018 and finally, process under Section 83 Cr.P.C was issued on 29.08.2018.
Learned Court below has passed these orders in mechanical manner which is against the very canon of natural justice.
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Accordingly, the order dated 26.04.2018, directing for issuance of non-bailable warrant of arrest against the petitioner and the order dated 28.05.2018 and order dated 29.08.2018, by virtue of which, process under Sections 82 Cr.P.C and 83 Cr.P.C respectively issued against the petitioner are quashed.
The order dated 05.07.2021 passed in Criminal Revision No.18/2019 by Sri Rakesh Kumar Singh, learned Sessions Judge, Chatra is also quashed.
This criminal miscellaneous petition is allowed. Pending I.A., if any, also stands disposed of.
Petitioner is directed to appear before the learned Judicial Magistrate within two weeks from the date of receipt of this order.
(Ambuj Nath, J.) BS/-