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2015 Supreme(Jhk) 653

RAVI NATH VERMA
Umesh Yadav – Appellant
Versus
State of Jharkhand – Respondent


Advocate Appeared:
For the Petitioners:Mr. Kumar Amit and Mr. Rohit Ranjan Sinha, Advocates.
For the Respondent: Mr. Abhay Kumar Mishra, S.C. III.

JUDGMENT

RAVI NATH VERMA, J.

1. The three petitioners by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India have prayed to quash the order dated 12.05.2014 passed by learned Judicial Magistrate, whereby non-bailable warrant of arrest has been issued and also the order dated 18.08.2014 and 17.04.2015 by which process for proclamation and attachment under Section 82 and 83 of the Code of Criminal Procedure (in short the Code) respectively, have been issued.

2. The factual aspects, which is relevant for the determination of the issue involved in this writ application, in short, is that at the instance of the informant Ashok Yadav, Markacho P.S. Case No. 75 of 2009 under Sections 321/323/324/307/504/34 of the Indian Penal Code was instituted on the allegation that when on 13.05.2009 at about 7.00 p.m. he was returning to his home after taking water, the petitioners who are the accused persons with an intention to kill assaulted him. One of the accused Umesh Yadav was having Tangi in his hand, Mukesh Yadav was armed with one Chhura (knife) and Shanti Devi was having a sword in her hand and on hulla raised by the informant local people ass



















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