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SANJAY KUMAR DWIVEDI
Ashok Bhagat – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Altamash Khan, learned counsel appearing for the petitioner and Mr. Prabhu Dayal Agrawal, learned Spl.P.P. for the State.
2. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.
3. This criminal miscellaneous petition has been filed for quashing of the orders dated 20.12.2019, 25.05.2021 and 18.08.2021, by which, non-bailable warrant of arrest and processes under Sections 82 and 83 Cr.P.C. respectively have been directed to be issued against the petitioner, in connection with S.T. No. 26 of 2021, arising out of Serengdag P.S. Case No. 05 of 2019, pending in the Court of learned Additional Sessions Judge-III, Lohardaga.
4. Learned counsel appearing for the petitioner submits that there is no execution report on the record and by a cryptic order, non-bailable warrant of arrest has been issued against the petitioner by order dated 20.12.2019. He submits that the process under Section 82 is also not in terms of the law laid down in
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.
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 that orders directing the issuance of warrants and summons must be in accordance with the law, including the requirement of an execution report ....
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 paramount importance of personal liberty and the need for courts to exercise discretion judiciously in issuing non-bailable warrants.
The court has the discretion to direct the appearance of the petitioner in the concerned Court and to decide the petition on merits on the same day.
The court upheld the legality of the orders for the issue of a non-bailable warrant of arrest and proclamation under Section 82 of the Cr.P.C. against the petitioner, based on evidence of his evasion....
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.
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