[2025:JHHC:12292] 1 Cr. M.P. No.830 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.830 of 2025 ------ 1. Sanjay Kumar Choudhary @ Sanjay Singh, aged about 52 years, Son of Late Bishit Narayan Choudhary 2. Rakhi Devi, aged about 46 years, wife of Sanjay Kumar Choudhary 3. Seema Choudhary, aged about 51 years, wife of Kaushlendra Kumar Choudhary 4. Kaushlendra Kumar Choudhary, aged about 60 years, Son of Late Bishit Narayan Choudhary 5. Girish Kumar Choudhary, aged about 55 years, Son of Late Bishit Narayan Choudhary 6. Vibhuti Kumar, aged about 41 years, Son of Late Bishit Narayan Choudhary 7. Sonali Kumari, aged about 30 years, Daughter of Kaushlendra Kumar Choudhary 8. Ritu Kumari, aged about 27 years, Daughter of Kaushlendra Kumar Choudhary 9. Bhaskar Kumar, aged about 30 years, Son of Kaushlendra Kumar Choudhary 10. Arpita Bhardwaj, aged about 29 years, Daughter of Anil Ray 11. Richa Bhardwaj, aged about 30 years, Daughter of Anil Ray All resident of village- Kalyanpur Basti Mohiuddin Nagra, P.O and P.S Mohiuddin Nagra Dist Samastipur (Bihar) … Petitioners Versus The State of Jharkhand … Opposite Party ------ For the Petitioners : Mr. Rakesh Kumar, Advocate For the State : Mrs. Nehala Sharmin, Spl.P.P. ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY [2025:JHHC:12292] 2 Cr. M.P. No.830 of 2025 By the Court:- Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the B.N.S.S., 2023 with a prayer to quash the order dated 17.02.2025 passed in Tatisilway P.S. Case No.09 of 2021 corresponding to G.R. Case No.681 of 2022 involving the offence punishable under Section 498A, 406, 504, 506 of the Indian Penal Code and Section 3, 4 of the Dowry Prohibition Act by which the learned Judicial Magistrate-1st Class, Ranchi has directed for issuance of non-bailable warrant of arrest inter alia against the petitioners. 3. The brief facts of the case is that the petitioners are accused-persons of the said G.R. Case No.681 of 2022. On 17.02.2025, the petitioners were absent in the court concerned. The Execution Report of the bailable warrant of arrest against the petitioners were not received by the court concerned but still the learned Judicial Magistrate-1st Class, Ranchi has ordered for issue of non- bailable warrant of arrest against the petitioners. 4. Learned counsel for the petitioner submits that though it has not been mentioned in the Criminal Miscellaneous Petition; but all the petitioners were in bail. They submitted bail bond in the court of the Judicial Magistrate-1st Class concerned or its predecessor court. Learned counsel for the petitioners next submits that the learned Judicial Magistrate-1st Class, Ranchi committed a grave illegally in directing for issuance of non-bailable warrant of arrest upon the petitioners vide order dated 17.02.2025 in G.R. Case No.681 of 2022 though admittedly, the bailable warrant of arrest was never executed and admittedly, the Execution Report of bailable warrant of arrest issued against the petitioners was not received. Hence, it is submitted that the impugned order dated 17.02.2025 passed in Tatisilway P.S. Case No.09 of 2021 corresponding to G.R. [2025:JHHC:12292] 3 Cr. M.P. No.830 of 2025 Case No.681 of 2022 is not sustainable in law and the same be quashed and set aside against the petitioners. 5. Learned Spl.P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioners to quash the order dated 17.02.2025 and submits that the very fact that the learned Judicial Magistrate-1st Class, Ranchi has passed order for issuance of non-bailable warrant of arrest itself shows that there were materials available in the record for the learned Judicial Magistrate- 1st Class, Ranchi to be satisfied that there is justification for issuance of such non-bailable warrant of arrest. Hence, it is submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed. 6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that since the learned Judicial Magistrate-1st Class, Ranchi has directed for issuance the bailable warrant of arrest against the petitioners, it committed a grave illegality by directing issue of non-bailable warrant of arrest against the petitioners; without receipt of the Execution Report of the bailable warrant issued against the petitioners. Hence, this Court has no hesitation in holding that the order dated 17.02.2025 passed in Tatisilway P.S. Case No.09 of 2021 corresponding to G.R. Case No.681 of 2022, by the learned Judicial Magistrate- 1st Class, Ranchi, is not sustainable in law. Hence, the order dated 17.02.2025 passed in Tatisilway P.S. Case No.09 of 2021 corresponding to G.R. Case No.681 of 2022 by the learned Judicial Magistrate-1st Class, Ranchi be quashed and set aside against the petitioners. 7. Accordingly, the order dated 17.02.2025 passed in Tatisilway P.S. Case No.09 of 2021 corresponding to G.R. Case No.681 of 2022 by the learned [2025:JHHC:12292] 4 Cr. M.P. No.830 of 2025 Judicial Magistrate-1st Class, Ranchi, is quashed and set aside against the petitioners. 8. The learned Judicial Magistrate-1st Class, Ranchi may pass a fresh order in accordance with law. 9. In the result, this Criminal Miscellaneous Petition is allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 24rd of April, 2025 AFR/ Saroj