Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 274 of 2025
Bidhan Lal Das, aged about 70 years, son of Late Bimlendu Das @ Bimolendu Das, Resident of Kalipark, Rajathat, Rajarhat, Gopalpur, P.O and P.S. Rajarhat, District North 24 Parganas, West Bengal ---
--- Petitioner Versus
1. The State of Jharkhand
2. Md. Naushad, S/o Md. Azad, R/o village Lekhana, P.O and P.S. Madhupur, District Deoghar ---
--- Opp. Parties ---
CORAM: Hon’ble Mr. Justice Ambuj Nath
---
For the Petitioner: Mr. Abhishek Kumar, Advocate
For the O.P-State: Ms. Kumari Rashmi, A.P.P.
--- 02 / 19.03.2025 Petitioner has filed this application for quashing of order dated 11.12.2024, whereby and wherein, the learned Sub Divisional Judicial Magistrate, Madhupur has issued proclamation under section 82 of the Cr. P.C. against the petitioner in connection with Complaint Case No. 20 of 2018 in which cognizance has been taken under section 120B, 420, 467, 325, 379, 504/34 of the Indian Penal Code by order dated
17.07.2018.
2. From perusal of the order dated 11.12.2024, it appears that without receipt of the execution report of non-bailable warrant of arrest issued against the petitioner, learned Court has ordered for issuance of proclamation order under section 82 of the Cr. P.C. against the petitioner.
Order dated 11.12.2024 is against the settled principle of law. Accordingly, it is quashed. This application is allowed. Pending I.A., if any, also stands disposed of.
(Ambuj Nath, J) Ranjeet/ Uploaded