Jharkhand High Court: Sanjay Kumar Dwivedi, J., allowed the petition and quashed the impugned orders.
The present petition has been filed for quashing of orders dated 09.06.2020 & 19.10.2020 whereby non-bailable warrant of arrest and process under Section 82 CrPC respectively have been issued against the petitioners in connection with Chandwa P.S. Case No. 43/2020, pending in the Court of learned A.C.J.M, Latehar.
Counsel for the petitioners Mr. Sunil Singh submits that without following the parameters as indicated under warrant of arrest and section 82 CrPC, non-bailable warrant of arrest, as well as a process under Section 82 CrPC, have been issued as there is no indication of time and place.
Counsel for the State Mr. Someshwar Roy submitted that there is no illegality in the impugned orders and a non-bailable warrant of arrest and process under Section 82 CrPC have rightly been issued
The Court relied on judgment Md. Rustam Alam v. State of Jharkhand, 2020 (2) JLJR 712 and observed that guidelines has not been followed and the parameters of warrant of arrest and Section 82 CrPC have not been complied as time and place has not been indicated.
The Court held “impugned orders dated 09.06.2020 & 19.10.2020 are quashed. The matter is remitted back to the court below to proceed afresh in terms of the Code of Criminal Procedure and the judgment passed by this Court in the case of Md. Rustam Alam @ Rustam (supra), in accordance with law.”
[Naveen Topno v. State of Jharkhand, Cr.M.P. No. 2671 of 2020, decided on 10-06-2021]
Arunima Bose, Editorial Assistant has reported this brief.
