Extracted from the PDF above. The PDF is authoritative.
(2026:JHHC:3593)
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Cr. M.P. No.2913 of 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.2913 of 2023
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Sonia Devi, Aged about 30 years, W/O- Brahmdeo Sharma, R/o Dhariyadih, P.O. + P.S.- Giridih Dist- Giridih, Jharkhand
… Petitioner
Versus The State of Jharkhand
… Opposite Party
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For the Petitioner : Mr. Prashant Kr. Rai, Advocate
Mr. Rakesh Kr. Shahi, Advocate For the State
: Mr. Rakesh Ranjan, Addl.P.P.
------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
By the Court:- Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 with the prayer to quash the order dated 11.07.2022 passed by the learned Chief Judicial Magistrate, Giridih in connection with Giridih (T) P.S. Case No.22 of 2022 corresponding to G.R. Case No.1760 of 2022 whereby and where under the proclamation under Section 82 of Cr.P.C. has been issued against the petitioner by the learned Chief Judicial Magistrate, Giridih.
3.
Learned counsel for the petitioner submits that the impugned
order is not in accordance with law and the same has been passed illegally in routine course without following the settled procedure.
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Cr. M.P. No.2913 of 2023
Hence, it is submitted that the prayer, as prayed for in the instant Cr.M.P., be allowed.
4. Learned Addl. P. P. appearing for the State on the other hand vehemently opposes the prayer of the petitioners made in the instant Cr.M.P. and submits that there is no illegality in the impugned order and the same has been passed in accordance with law after recording the satisfaction of the learned Chief Judicial Magistrate, Giridih that the petitioner is absconding and concealing herself to evade her arrest and fixing the time and place for appearance of the accused persons of the case including the petitioner. Hence, it is submitted that this Cr.M.P., being without any merit, be dismissed.
5. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, this Court finds that the learned Chief Judicial Magistrate, Giridih has recorded its satisfaction there is sufficient material available in the record to arrive at the conclusion that the petitioner who is the accused person of the case, is absconding or concealing herself to evade her arrest, hence, it is not possible for the Investigating Officer to execute the non-bailable warrant of arrest and fixed the time and place for appearance of the two accused persons of the case including the petitioner. Hence, this Court do not find any illegality in the impugned order dated 11.07.2022 passed by the learned Chief Judicial Magistrate, Giridih in connection with Giridih (T) P.S. Case No.22 of 2022 warranting interference of this
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Cr. M.P. No.2913 of 2023
Court in exercise of its power under Section 482 of the Code of Criminal Procedure, 1973.
6. Accordingly, this Criminal Miscellaneous Petition, being without any merit, is dismissed.
(Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 10th of February, 2026 AFR/ Animesh Uploaded on- 17/02/2026