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SANJAY KUMAR DWIVEDI
Amrit Agrawal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Mr. Amit Kumar Sinha, learned counsel appearing for the petitioner submits that he will remove the defect, as pointed out by the office, within one week.
2. Let him to do so.
3. Heard Mr. Amit Kumar Sinha, learned Counsel appearing for the petitioner and Mrs. Vandana Bharti, learned A.P.P. appearing for the State.
4. 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.
5. This criminal miscellaneous petition has been filed for quashing of the order dated 30.01.2021, by which, process under Section 82 Cr.P.C. has been directed to be issued against the petitioner, in connection with Daltonganj Town P.S. Case No. 410 of 2019, pending in the Court of learned Chief Judicial Magistrate, Palamau.
6. Learned counsel appearing for the petitioner submits that the petitioner was availing the remedy under the Cr.P.C. and he had filed the A.B.A. before this Court, which was dismissed as withdrawn, in view of the order passed by the learned Magist
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.
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.
Issuance of a proclamation under Section 82 of the CrPC requires specified grounds, including recorded satisfaction of absconding status and time/place details; failure to follow these mandates rende....
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....
The main legal point established in the judgment is that the process under section 82 Cr.P.C. should not be issued in haste and must be in accordance with the law.
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 issuance of processes under Section 82 of the Cr.P.C. must adhere to legal procedures, requiring judicial application and proper service of summons.
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