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2022 Supreme(Jhk) 726

SANJAY KUMAR DWIVEDI
Ashok Bhagat – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Altamash Khan.
For the State : Mr. Prabhu Dayal Agrawal, Spl.P.P.

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

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