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2015 Supreme(Jhk) 648

RAVI NATH VERMA
Dilip Kumar Mahto – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners:Mr. Kalyan Roy, Advocate, Mr. Sidhartha Roy, Advocate
For the Respondent: Mr. Ram Nivas Roy.

JUDGMENT :

The two petitioners by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India have prayed to quash the order dated 23.01.2015 passed by learned Sub Divisional Judicial Magistrate, Bermo at Tenughat, Bokaro whereby non bailable warrant of arrest has been issued against the petitioners without following the ingredients of Section 73 of the Code of Criminal Procedure (in short ‘the Code’) and complying the mandates and the guidelines given by Hon’ble Supreme Court.

2. The factual aspects, which is relevant for the purposes of adjudication of the issue involved in this case, in short, is that after getting some secret information that in the hard coke factory of the petitioners coal illegally extracted from the forest area has been stocked. The informant of this case conducted raid in the factory premises but after seeing the police party the persons inside the factory fled away and the informant found 100 tones of steam coal. On enquiry, the informant came to know that the petitioners are the owners of the factory and they are indulged in illegal coal business. Whereafter Mahuatand P.S. Case No.74 of 2014 corresponding to G.R. No



















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