Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:12771 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) No.286 of 2025 ------ Bibhisan Mahato, S/o Ramesh Mahato, resident of H.No. 124, Gumti Bastee, Chuna Bhatta Adityapur-1, PO and PS Adityapur, District Seraikella-Kharsawan … … Petitioner Versus 1.The State of Jharkhand 2.Director General of Police, Jharkhand, Dhurwa, Ranchi 3.The Superintendent of Police, Seraikella Kharsawan 4.The Deputy Superintendent of Police, Seraikella Kharsawan 5.Officer in Charge, Seraikella Police Station, Seraikella Kharsawan 6.Bijay Mahato 7.Ganesh Mahato 8.Laltu Mahato @ Lelu 9.Ban Bihari Mahato, all sons of Bidyadhar Mahato 10.Mathura Mahato Son of late Ghasiram Mahato, all 6 to 10, resident of village Bandhdih, PO and PS Seraikella-Kharsawan… … Respondents ------
CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Ashish Kumar, Advocate. For the State : Mr. Manoj Kumar, GA III ----- 04/ 28.04.2025
In this writ petition, learned counsel for the petitioner prays for the following relief: i.For issuance of an appropriate writ order or direction, directing to the respondents specially respondent no. 2, 3, 4 and 5 to immediate and forthwith arrest the respondent no. 6 to 10 against whom vide order dated 24.05.2006 non bailable warrant of arrest has been issued and vide
order dated 21.12.2006 and order dated 30.05.2007 processes u/s 82 and 83 of Cr.PC respectively has also been issued against them in connection with G.R. Case No. 34 of 2004 (arising out of Complaint Case No. C1- 9/2004) which has been registered under section 147/148/302/435/307/120B and 34 of IPC which is now pending in the Court of Ld. SDJM at Seraikella. ii. For issuance of further writ/order/direction particularly in the nature of mandamus direction the respondent nos. 3 to 5 to produce the respondent nos. 6 to 10 before the Court of Ld. SDJM, Seraikella, where the case of respondent nos. 6 to 10 is pending in connection with GR Case No. 34 of 2004 (arising out of Complaint Case No. C1-9/2004) so that the trial can proceed against the respondent nos. 6 to 10.
2025:JHHC:12771 2
2. No mandamus can be issued to arrest a particular person, even if non-bailable warrant of arrest has been issued or for which processes under section 82 and 83 Cr.PC has been issued. This Court cannot exercise jurisdiction under Article 226 of the Constitution to give direction to the police officials to act in terms of the non-bailable warrant of arrest or the processes. It is the Court concerned who has issued the notice, can pass necessary directions.
3. In this petition, the prayer of the petitioner is for direction upon the respondents to arrest the respondent nos. 6 to 10.
4. In view of what has been observed in paragraph no.2 this writ petition is misconceived. Thus, this writ application is dismissed.
(ANANDA SEN, J.) Tanuj/