2025: JHHC:10953 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 469 of 2025 ------ Dayanand Jee @ Vishal Jee @ Jitendra Ganjhu @ Vishal Ganjhu, aged about 35 years, son of Dahanju Ganjhu, Resident of Ichak Kalan, P.O. Barwadih, P.S. Simariya, Dist.-Chatra … … Petitioner -Versus - The State of Jharkhand ... … Opposite Party ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ------ For the Petitioner : M/s. Rajesh Kumar, Advocate For the State : M/s. Kumari Rashmi, A.P.P. ----- 02/09.04.2025 The petitioner has filed this application for quashing of order dated 26.05.2012 passed by Sri Abhinav Kumar, learned J.M., 1st Class, Hazaribagh in connection with Barkagaon P.S. Case No. 69 of 2010, corresponding to G.R. No. 1601 of 2010, whereby and wherein, the learned Judicial Magistrate has ordered for issuance of Non-Bailable Warrant of arrest against the petitioner. The petitioner has further prayed for quashing of order dated 07.01.203 by virtue of which, proclamation under Section 82 of the Cr. P.C. was issued against him. The petitioner has finally prayed for quashing of order dated 01.12.2014, whereby and wherein, the order of attachment under Section 83 of the Cr. P.C. was issued against him. 2. The aforesaid case was instituted mainly under Section 384 of the I.P.C. which is non-bailable in nature. It appears from the perusal of record that on receipt of the report of the Investigating Officer, non- bailable warrant of arrest was issued against the petitioner. There is no illegality in the order. It further appears that vide order dated 07.01.2013, process under Section 82 of the Cr. P.C. was issued against the petitioner on the application filed by the Investigating Officer that the petitioner was absconding. 3. In view of this fact, there is no illegality in the order directing for issuance of process under Section 82 of the Cr. P.C. It further appears that on 01.12.2014, process under Section 83 of the Cr. P.C. was issued. However, Magistrate has not mentioned whether Execution Report of the 2. process issued under Section 82 of the Cr. P.C. was received from the Investigating Officer before passing this order. 4. Considering the entire gamut of this case, I do not find any illegality in the order of learned Magistrate issuing non-bailable warrant of arrest and process under Section 82 of the Cr. P.C. against the petitioner. However, without receipt of Execution Report of the Investigating officer with regard to the process issued under Section 82 of the Cr. P.C, process under section 83 of the Cr. P.C. has been issued, which is bad in law. Accordingly, order dated 01.12.2014 issuing process under Section 83 of the Cr. P.C., is quashed. 5. Accordingly, this application is partly allowed. 6. Pending, I.A., if any, stands disposed of. (Ambuj Nath, J.) Nandini/- Uploaded