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2025 DAILYLAW 2729 (JHR)

OM PRAKASH SINGH v. THE STATE OF JHARKHAND

Cr.M.P./710/2025 · 2025-07-24

Ambuj Nath

body2025

Judgment text

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2025:JHHC:20311 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 710 of 2025 Om Prakash Singh, aged about 50 years, Son of Late Madan Singh, Resident of Rani Talab Laxminia More, Behind Agrasen Bhawan, P.O. & P.S. – Jharia & District - Dhanbad. … … Petitioner - Versus - The State of Jharkhand ... … Opposite Party ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ----- For the Petitioner : M/s. Pratik Sen, Advocate : M/s. Ankit Burman, Advocate For the State : M/s. Kumari Rashmi, AP.P. --- 05/24.07.2025 Heard the parties. The petitioner has filed this application for quashing of order dated 23.01.2019, passed by the learned J.M.F.C. Dhanbad in connection with Katras P.S. Case No. 135 of 2006, Corresponding to G. R. No. 1188 of 2006, registered under sections 325/ 384/ 323/34 of the Indian Penal Code, whereby and wherein the learned Magistrate has declared the petitioner as absconder and ordered for issuance of permanent warrant against him. Attention has been drawn towards the order dated 29.06.2015, from the perusal of which, it appears that the learned Court has not received the execution report of non-bailable warrant of arrest. It further appears that on 29.07.2015, despite of non- receipt of execution report of non-bailable warrant of arrest process under section 82 Cr.P.C. was issued and it further appears that despite of non-issuance of execution report of process under section 82 Cr.P.C., learned Magistrate ordered for issuance of processes under section 83 Cr.P.C. on 05.01.2018 and finally without the receipt of the execution reports of processes under section 82 and 83 Cr.P.C, the petitioner has been declared absconder The order of the learned Magistrate directing for issuance of process under sections 82 and 83, Cr.P.C and order passed by him declaring the petitioner as absconder is gross abuse of process of law. Accordingly, order dated 23.01.2019, passed by the learned J.M.F.C., Dhanbad in connection with Katras P.S. Case No. 135 of 2006, Corresponding to G. R. No. 1188 of 2006 declaring the petitioner as permanent absconder, is hereby quashed. This application is allowed. Pending I.A., if any, also stands disposed of. (Ambuj Nath, J.) Saurabh Uploaded