Back
SANJAY KUMAR DWIVEDI
Najir Manjhi @ Nazir Marandi – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. Rajesh Kr. Mahatha, learned counsel for the petitioners and Mrs. Priya Shrestha, Spl. P.P., learned counsel for the State.
2. The present petition has been filed for quashing of orders dated 24.04.2018, 04.09.2018, 22.11.2018 and 18.01.2019 whereby bailable warrant, order of cancellation of bail, process under sections 82 and 83 Cr.P.C. respectively have been directed to be issued against the petitioners in connection with Jaridih P.S. Case No. 106 of 2014, corresponding to G.R. No. 1265 of 2014, pending in the Court of learned Additional Sessions Judge-II, Bermo at Tenughat.
3. Mr. Rajesh Kr. Mahtha, learned counsel for the petitioners submits that without execution report all these orders have been passed. He further submits that order dated 22.11.2018 by which process of 82 Cr.P.C. has been issued against the petitioners, is not under parameter of section 82 of the Cr.P.C.
4. Mrs. Priya Shrestha, learned counsel for the State submits that the petitioners were granted bail thereafter the case has been committed to the Court of Sessions and the petitioners were directed to appear but they are not appearing in the concerned court and by order dated 04.09.2018 ba
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 that orders directing the issuance of warrants and summons must be in accordance with the law, including the requirement of an execution report ....
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.
The deliberate misuse of bail and failure to challenge previous orders can justify the issuance of process under Section 82 of Cr.P.C., while the lack of reason and material can lead to the setting a....
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.
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
