PANKAJ KUMAR SINGH ALIAS PANKAJ SINGH v. THE STATE OF JHARKHAND
Cr.M.P./113/2019 · 2025-03-06
Ambuj Nath
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3733 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3733 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 113 of 2019
Pankaj Kumar Singh @ Pankaj Singh, aged about 50 years, S/o Chandeswar Singh, resident of C.D. Colony, P.O and P.S. Tilaiya, District Koderma
---
--- Petitioner Versus The State of Jharkhand
---
--- Opp. Party ---
CORAM: Hon’ble Mr. Justice Ambuj Nath
---
For the Petitioner: Mr. Vishal Kr. Trivedi, Advocate
For the O.P-State: Mr. Jitendra Pandey, A.P.P.
--- 09 / 06.03.2025 Petitioner has filed this application for quashing of the order dated 06.01.2012 passed by the learned A.C.J.M., Koderma in connection with Koderma (Tilaiya) P.S. Case No. 470 of 2005 registered under section 279/337/338/379/427 of the Indian Penal Code, whereby and wherein, the learned court has issued non-bailable warrant of arrest against the petitioner. Petitioner has further prayed for quashing of the order dated 23.01.2013, whereby and wherein, process under section 82 of the Cr. P.C was issued against the petitioner. Petitioner has also prayed for quashing of the order dated 16.03.2013, whereby and wherein, process under section 83 of the Cr. P.C was issued against the petitioner. Petitioner has also prayed for quashing of order dated 16.04.2013, whereby and wherein, the petitioner was declared absconder under section 299 of the Cr. P.C.
2.
Learned counsel for the petitioner very fairly submitted that the petitioner was released on bail after the cognizance of the offence was taken. It was further submitted that the petitioner dd not appear before the court as the lawyer on record had died.
3. This is not a case of first appearance of the petitioner after submission of charge sheet and taking of cognizance. Petitioner was very much aware about the pendency of this case and as such, his bail bond was cancelled and non-bailable warrant of arrest was issued against him. As far as the process under sections 82 and 83 of the Cr. P.C. are concerned, it appears that the same has been issued without receipt of execution report of non-bailable warrant of arrest.
2.
4. It was submitted that the petitioner has been declared absconder without the receipt of execution report of the process issued under sections 82 and 83 of the Cr. P.C.
5. Considering the entire facts of the case, no case for quashing of non-bailable warrant of arrest is made out against the petitioner. However, the processes under sections 82 and 83 of the Cr. P.C and order declaring the petitioner as an absconder are quashed. Petitioner is
directed to appear before the learned Trial Court within two weeks from the date of receipt of this order. This application is partly allowed. Pending I.A. also stands
(Ambuj Nath, J) Ranjeet/ Uploaded