Back
SANJAY KUMAR DWIVEDI
Gauri Shankar Yadav – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Suraj Singh, learned counsel for the petitioner and Mr. Ashok Kumar Yadav, learned counsel for the State.
2. The present petition has been filed for quashing of orders dated 09.03.2017, 31.05.2017, 09.08.2017, 25.10.2017 and 12.10.2018 whereby summons, bailable warrant of arrest, non bailable warrant of arrest, proclamation under sections 82/83 Cr.P.C. and permanent warrant respectively have been directed to be issued against the petitioner in connection with Complaint Case No. 22/2017, pending in the Court of learned Chief Judicial Magistrate, Deoghar.
3. Mr. Suraj Singh, learned counsel for the petitioner submits that without execution report all these orders have been passed. He further submits that order by which process under section 82 Cr.P.C. has been issued is not in accordance with law and the said order is cryptic order. He submits that there is no satisfaction has been recorded by the concerned court in the said order. He submits that the petitioner is ready to appear in the concerned court on the date fixed by this Court.
4. Mr. Ashok Kumar Yadav, learned counsel for the State submits that there is no illegality in the impugned orders.
5. In view of the
The central legal point established in the judgment is that orders directing the issuance of warrants and summons must be in accordance with the law, including the requirement of an execution report ....
The absence of execution report and lack of satisfaction recorded by the concerned court were crucial in the court's decision to quash the orders.
The central legal point established in the judgment is the requirement for proper satisfaction and compliance with legal parameters before issuing non-bailable warrants and authorizing detention.
The central legal point established in the judgment is that the issuance of proclamation under Section 82 and attachment of property under Section 83 must comply with the mandatory requirements of la....
The issuance of non-bailable warrants and proclamations must adhere to legal standards, including the necessity of an execution report and clear directives for appearance.
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.
The legality of warrants for arrest in non-bailable offences and the requirement for the Magistrate to specify the place and date where the accused has to appear in compliance with the proclamation u....
Non-bailable warrant of arrest and process under section 82 Cr.P.C. must comply with the legal parameters and guidelines established in relevant judgments, including the indication of time and place.
The central legal point established in the judgment is the requirement for compliance with mandatory provisions of law for the issuance of proclamation and process under Section 82 and 83 of Cr.P.C.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
