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2022 Supreme(Jhk) 222

RAJESH SHANKAR
Md. Isa Khan – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A. K. Rashidi
For the Respondent: Mr. Gaurav Raj

JUDGMENT :

1. At the request of learned counsel for the petitioner, the defects pointed out by the office are ignored.

2. The present writ petition has been filed for quashing the order dated 06.09.2021 (Annexure-6 to the writ petition) passed by the respondent No.4 in Certificate Case No. 105/2019-20 whereby warrant of arrest has been issued against the petitioner for not depositing the certificate amount.

3. Learned counsel for the petitioner submits that the respondent No.4 has not provided due opportunity of hearing to the petitioner in the said certificate case and has arbitrarily passed the impugned order dated 06.09.2021 issuing warrant of arrest against him.

4. Mr. Gaurav Raj, learned A.C to A.A.G-II appearing on behalf of the State-respondents while referring to the order sheet of Certificate Case No. 105/2019-20, submits that during pendency of the said certificate case, the petitioner filed an application objecting the quantum of certificate amount and thereafter the respondent No.4 constituted a three-member-committee to make an enquiry and submit a report on the said aspect. The said committee, after conducting an enquiry, submitted a report and on the basis of the same, t

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