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SANJAY KUMAR DWIVEDI
Shashi Prakash – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Abhishek Krishna Gupta, learned counsel appearing for the petitioner and Mrs. Priya Shrestha, 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. I.A. No. 540 of 2022 has been filed for amendment in the prayer portion of the petition.
4. Learned counsel appearing for the petitioner submits that although the order dated 23.02.2017, by which warrant of arrest has been issued against the petitioner has been annexed with the petition, but inadvertently in the prayer portion, the said order has not been prayed to be quashed, for that this petition has been filed.
5. Learned counsel appearing for the State has got no serious objection, if the prayer made in the I.A. is allowed.
6. In view of the above, the prayer made in the said I.A. is allowed.
7. Let this I.A. be treated as a part of this criminal miscellaneous petition.
8. This criminal miscellaneous petition has been filed for quashing of the o
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 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.
Procedural irregularities and lack of satisfaction recorded in the orders for bail bond cancellation and issuance of non-bailable warrant and processes under Sections 82 and 83 Cr.P.C. led to their q....
Compliance with bail conditions is crucial, and the timing of external factors such as lockdowns may be considered in evaluating non-compliance.
Failure to follow statutory parameters under Section 82 Cr.P.C. can lead to the quashing of an order directing process, as established in previous judgments.
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