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ANIL KUMAR CHOUDHARY
Ritesh Roshan @ Ritesh Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer for quashing the entire criminal proceeding including the F.I.R. in connection with Barhi P.S. Case No. 155 of 2016, corresponding to G.R. Case No. 1869 of 2016 registered for the offences punishable under Sections 420, 467, 468, 469 and 471 and also prayed for quashing of the order dated 28.11.2022 passed by the said court in that case; by which the non-bailable warrant of arrest was issued inter alia against the petitioners and also to quash the order dated 12.12.2022 by which the proclamation under Section 82 Cr.P.C. has been issued by the learned Judicial Magistrate 1st Class, Hazaribagh.
3. The brief facts of the case is that upon getting secret information that the truck loaded with illegally extracted coal having forged documents in support of such coal was transported illegally, the informant police officer along with armed police party stopped four different trucks including the truck of petitioner no.1 bearing registration no.JH09R-9083 and truck of the petitioner no.2 bearing registration no.JH02AD-6447 but t
A legitimate prosecution cannot be stifled in exercise of the jurisdiction under Section 482 Cr.P.C. by the High Court.
The court established that a proclamation under Section 82 Cr.P.C. can be issued regardless of whether the accused is charged with offenses listed in Section 82(4), as long as there is a reasonable b....
The court upheld the legality of the orders for non-bailable warrant of arrest and proclamation under Section 82 of Cr.P.C. based on the petitioner evading arrest and living out of the jurisdiction o....
The court may uphold non-bailable warrant and proclamation orders if satisfied that the accused is evading arrest and living out of the jurisdiction of the police station.
Proclamations issued under Section 82 of the Code of Criminal Procedure are valid when evidence shows the accused is evading arrest, affirming the court's discretion in such matters.
The issuance of non-bailable warrants and proclamations must comply with legal requirements, including recording satisfaction of evasion and specifying time and place for appearance.
The court held that a proclamation under Section 82 of the Cr.P.C. is invalid if the accused was not properly served with warrants and the court failed to record satisfaction of the accused's abscond....
The competence of the Magistrate to issue warrants of arrest and the importance of securing the presence of the accused for interrogation during the course of investigation.
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