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ANUBHA RAWAT CHOUDHARY
Satya Narayan Basa, Son of Hemant Kr. Basa – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. Kumar Harsh, the learned counsel appearing on behalf of the petitioner.
2. Heard Mr. Vineet Kumar Vashistha, the learned counsel appearing on behalf of the Opposite Party- State of Jharkhand.
3. This Criminal miscellaneous petition filed under Section 482 of Code of Criminal Procedure arises out of Chakulia Shyam – Sundarpur P.S. Case No.24 of 2012 dated 21.03.2012 corresponding to G.R. Case No.117 of 2012 registered under Sections 414/420/34 IPC read with Section 4/21 of Mines and Minerals (Development and Regulation) Act, 1957 and Section 26/33 of Indian Forest Act, 1972 said to be pending before the court of learned Sub-Divisional Judicial Magistrate, Ghatsila.
4. From the records of this case, it appears that vide order dated 16.10.2020 the petitioner had confined his relief to challenge to the order dated 12.08.2015 whereby the process under Section 82 of Cr.P.C. was issued and also challenge to order dated 15.10.2015 whereby process under Section 83 of Cr.P.C. was issued.
5. The petitioner had originally prayed for the following relief:
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 main legal point established is the necessity for the trial court to strictly adhere to the prescribed procedures and guidelines for issuance of Non-Bailable Warrant and proclamation under sectio....
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.
A legitimate prosecution cannot be stifled in exercise of the jurisdiction under Section 482 Cr.P.C. by the High Court.
The applicant, who concealed facts and filed a false affidavit, and made a mockery of the orders of the lower court by avoiding the process of summon, bailable warrant, non-bailable warrant, and the ....
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