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PARTHA SARTHY
Ajeet Kumar Son Of Vijay Prasad @ Parmeshwar Singh – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
Partha Sarthy, J.
1. Heard learned counsel for the petitioners and learned counsel for the State of Bihar. No one appeared on behalf of the opposite party no.2.
2. The instant application has been filed praying for quashing the order dated 20.6.2023 passed in Complaint Case no.791 of 2015 whereby the learned Additional Chief Judicial Magistrate-VII, Aurangabad was pleased to order for issuance of process under section 82 of the Cr.P.C.
3. Learned counsel for the petitioners submits that by order dated 24.8.2023, the process under section 83 of the Cr.P.C. was also issued.
4. As per the prosecution case based on the complaint filed by the opposite party no.2 on 13.8.2015 in the Court of learned Chief Judicial Magistrate, Aurangabad alleges inter alia that he is the Supervisor of Rohtas Transport Agency which looks after the booking of the vehicles inside the factory for loading and unloading work. It is stated that showing the fraudulent owner book of truck bearing registration no.BR 25G-353, the petitioners, who were the driver and the conductor, got the material loaded on the truck and took Rs.18,740/ as rent for the same. For the said purpose, they were to receive Rs.1,32,0
The court emphasized the necessity of adhering to procedural requirements in issuing warrants, highlighting the importance of service reports and judicial discretion.
The deliberate misuse of bail and failure to challenge previous orders can justify the issuance of process under Section 82 of Cr.P.C., while the lack of reason and material can lead to the setting a....
A legitimate prosecution cannot be stifled in exercise of the jurisdiction under Section 482 Cr.P.C. by the High Court.
Before issuing Non-Bailable Warrant due care and precaution is warranted for Trial Court and Non-Bailable Warrant should not be issued in a cursory manner.
Non-bailable warrants should be issued judiciously and in accordance with procedural requirements to avoid arbitrary infringement of personal liberty.
Issuance of Non-bailable warrant – Not justifie – Accuse not given requisite desired answers to Investigating Agency, can be no ground per se for issuance of non-bailable warrants
The issuance of processes under Section 82 of the Cr.P.C. must adhere to legal procedures, requiring judicial application and proper service of summons.
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