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2025 DAILYLAW 7050 (JHR)

RANJIT KUMAR MISHRA v. THE STATE OF JHARKHAND

Cr.M.P./473/2025 · 2025-03-17

Ambuj Nath

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 473 of 2025 Ranjit Kumar Mishra, aged about 52 years, son of late Khurkhur Mishra, resident of Flat No.201, Gargee Complex, near Adarsh Path, Bihar Patel Nagar, Lbs Nagar, P.O.- Patel Nagar, P.S.- Patna, District- Patna (Bihar) … Petitioner - Versus - The State of Jharkhand … Opp. Party ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ----- For the Petitioner : Mr. P. S. Dayal, Advocate : Mr. Sanjay Kumar, Advocate For the State : Mr. Shailesh Kr. Sinha, A.P.P. --- 02/17.03.2025 Heard the parties. The petitioner has filed this application for quashing of order dated 09.05.2024 and order dated 26.11.2024 respectively passed by the Mrs. Dr. Divya Mishra, learned Chief Judicial Magistrate, Bokaro in connection with Chas P.S. Case No.175 of 2017, corresponding to G.R. Case No.921 of 2017 registered for the offences under Sections 406, 420/34 of the I.P.C., whereby and wherein, the learned Chief Judicial Magistrate, Bokaro has issued process under Sections 82 Cr.P.C. and 83 Cr.P.C. respectively against the petitioner. Mr. P. S. Dayal, learned counsel for the petitioner submitted that without the receipt of the execution report of non-bailable warrant of arrest issued against the petitioner, the learned Chief Judicial Magistrate, Bokaro has issued proclamation order against the petitioner and without the receipt of the execution report of proclamation order issued against the petitioner, attachment order under Section 83 Cr.P.C. has been issued against him. Mr. Shailesh Kumar Sinha, learned A.P.P. has opposed the prayer for quashing of the aforesaid order, but does not dispute the aforesaid facts. Issuance of proclamation order without the receipt of execution report of non-bailable warrant of arrest and further issuance of attachment order without the receipt of process issued under Section 82 Cr.P.C. is bad in law. Accordingly, both these orders dated 09.05.2024 and order dated 26.11.2024 are quashed. Accordingly, this Cr.M.P. is allowed. Pending, I.A. if any, stands disposed of. (Ambuj Nath, J.) Jay/-