Ajay Kumar Dubey vs The State Of Jharkhand
2021 Latest Caselaw 4882 Jhar

      IN       THE HIGH COURT OF JHARKHAND AT RANCHI
                              Cr.M.P. No. 2145 of 2021
                                      with
                                I.A. No. 6174 of 2021
      Ajay Kumar Dubey                                .....    ...    Petitioner
                                     Versus
      The State of Jharkhand                           .....   ...    Opposite Party
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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      For the Petitioner  :        Mr. Mahesh Tewari, Advocate
      For the State       :        Mr. Rajneesh Vardhan, Advocate.
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02/ 16.12.2021 Heard Mr. Mahesh Tewari, learned Counsel appearing for the petitioner and Mr. Rajneesh Vardhan, learned counsel appearing for the State.

2. This criminal miscellaneous petition has been filed for quashing of the order dated 17.01.2020, passed by the learned Judicial Magistrate, Bokaro, in Siyaljori P.S. Case No. 15 of 2016, by which, Non- bailable warrant of arrest against the petitioner has been issued.

3. I.A. NO. 6174 of 2021 has been filed for amendment in the prayer portion of the petitioner.

4. Mr. Mahesh Tewari, learned counsel appearing for the petitioner submits that during the pendency of this petition, the order dated 24.08.2021 has been issued, whereby process under Section 82 Cr.P.C. was directed to be issued against the petitioner.

5. In view of the above facts and considering that the order dated 24.08.2021 was passed during the pendency of this petition, prayer made in the I.A. is allowed.

6. Learned counsel appearing for the petitioner shall make out necessary correction in the prayer portion of this petition in course of the day.

7. The aforesaid interlocutory application is allowed.

8. In view of the order passed in the interlocutory application, the order dated 24.08.2021 is also under challenge.

9. Mr. Mahesh Tewari, learned counsel appearing for the petitioner submits that by order dated 17.01.2020, Non-bailable warrant of arrest has been issued against the petitioner without any objective satisfaction of the concerned Court. He submits that earlier the petitioner has moved before this Court in A.B.A. No. 3952 of 2017 and provisional bail was granted to the petitioner and on 21.07.2017, the petitioner was released by the learned Judicial Magistrate, 1st Class, Chas, Bokaro provisionally on furnishing bail bond of Rs. 10,000/-. By referring Annexure-5 to this petition, learned counsel for the petitioner submits that intimation thereof has also been sent to the concerned Officer-in-Charge of Siyaljori Police Station. He further submits that the petitioner is not evading his arrest, however, without any notice, non-bailable warrant of arrest has been issued on the application of the I.O. Learned counsel further submits that the order dated 24.08.2021, whereby process under Section 82 Cr.P.C. has been directed to be issued is also no in accordance with the parameters of Section 82 Cr.P.C.

10. Mr. Rajneesh Vardhan, learned A.P.P. appearing for the State submits that there is no illegality I the impugned orders.

11. From perusal of the order dated 17.01.2020, it transpires that the said order has been passed on the application of the I.O. and there is no mention as to how the petitioner was evading his arrest. The petitioner has already surrendered before the concerned Court in view of the order passed in A.B.A. No. 3952 of 2017. The order dated 24.08.2021 is also not in accordance with law. No satisfaction has been recorded in the said order by the concerned court. There is no mention of date and time, which is mandatory in terms of the order passed by this court in Md. Rustam Alam @ Rustum & Ors. V. The State of Jharkhand, reported in 2020 (2) JLJR 712 [particularly in paras-22 and 23 thereof].

12. In that view of the matter, the impugned orders dated 17.01.2020 and 24.08.2021, whereby non-bailable warrant of arrest and process under section 82 Cr.P.C. respectively have been directed to be issued against the petitioner, in connection with Siyaljori P.S. Case No. 15 of 2016, pending in the Court of learned Judicial Magistrate, Bokaro, are hereby, quashed. The matter is remitted back to the Court of learned Judicial Magistrate, Bokaro to proceed afresh in terms of the Code of Criminal Procedure and the judgment passed by this Court in the case of Md. Rustum Alam @ Rustam & Ors. (Supra).

13. With the aforesaid observation and direction, this criminal miscellaneous petition stands disposed of.

(Sanjay Kumar Dwivedi, J.) Amitesh/-