( 2026:JHHC:12176 ) 1 Cr. M.P. No.1052 of 2021 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1052 of 2021 ------ Shrikrishna Bhagat, So Late Jagannath Bhagat, aged near about 58 years, Aadhar Card No.222352019657, Resident of Netaji Subhash Nagar Bazra, Itki Road, P.O.-Hehal, P.S.-Sukhdeo Nagar, District- Ranchi, Jharkhand. … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Prakash Chandra, Advocate : Mr. Virendra Kumar, Advocate : Ms. Neetu Verma, Advocate For the State : Mr. V.K. Vashistha, Spl.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 with the prayer to quash the part of the order dated 17.11.2014 so far as it relates to the petitioner only, passed by the learned Additional Chief Judicial Magistrate, Gumla in connection with Basia P.S. Case No.76 of 2013 corresponding to G.R. Case No.1144 of 2013 registered for the offences punishable under Section 467, 468, 471, 420, 409 & 34 of the Indian Penal Code whereby and whereunder the learned Additional Chief Judicial Magistrate, Gumla has issued non-bailable warrant of arrest against the petitioner. ( 2026:JHHC:12176 ) 2 Cr. M.P. No.1052 of 2021 3. Learned counsel for the petitioner submits that the petitioner in capacity of District Cooperation Officer, Gumla vide letter no.461 dated 13.05.2013 kept at page-17 of the brief, directed the informant to lodge the FIR alleging misappropriation of Rs.14,75,259.20/- by the Chairman and Member Secretary of LONGA LAMPS and the learned ACJM, Gumla without recording any satisfaction that the petitioner is absconding or evading his arrest has directed issuance of non-bailable warrant of arrest against the petitioner by the impugned order, hence, the prayer as prayed for by the petitioner in this Cr.M.P., be allowed. 4. Learned Spl.P.P. appearing for the State vehemently opposes the prayer for quashing the part of the order dated 17.11.2014 so far as it relates to the petitioner only, passed by the learned Additional Chief Judicial Magistrate, Gumla in connection with Basia P.S. Case No.76 of 2013 corresponding to G.R. Case No.1144 of 2013 and submits that this Criminal Miscellaneous Petition, 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, it is pertinent to mention here that Section 73 of the Code of Criminal Procedure inter alia empowers a Magistrate of first class to direct a warrant to any person within his local jurisdiction for the arrest of inter alia a person being accused of a non-bailable offence and is evading his arrest. The perusal of the record reveals that there is no material in the record to show that the learned ACJM, Gumla has recorded any satisfaction that the petitioner is evading his arrest and in the absence of ( 2026:JHHC:12176 ) 3 Cr. M.P. No.1052 of 2021 the same, the part of the order dated 17.11.2014 so far as it relates to the petitioner only, passed by the learned Additional Chief Judicial Magistrate, Gumla in connection with Basia P.S. Case No.76 of 2013 corresponding to G.R. Case No.1144 of 2013 is not sustainable in law and is liable to be quashed and set aside, so far as it relates to the petitioner. 6. Accordingly, the part of the order dated 17.11.2014 so far as it relates to the petitioner only, passed by the learned Additional Chief Judicial Magistrate, Gumla in connection with Basia P.S. Case No.76 of 2013 corresponding to G.R. Case No.1144 of 2013, is quashed and set aside qua the petitioner only. 7. The learned Additional Chief Judicial Magistrate, Gumla may pass a fresh order in accordance with law. 8. In the result, this Cr.M.P. stands allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 23rd of April, 2026 AFR/ Abhiraj Uploaded on 29/04/2026