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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Anil Kumar Choudhary, J.
Ritesh Roshan @ Ritesh Singh - Petitioners
Versus
The State of Jharkhand – Opposite Party
Cr.M.P. No. 05 of 2023
Decided On : 18-09-2023
Section 482 Cr.P.C. - Quashing of Criminal Proceeding - Sections 420, 467, 468, 469 and 471 - The court discussed the application of Section 482 Cr.P.C. in quashing the criminal proceeding, including the FIR and orders related to non-bailable warrant and proclamation. The court emphasized the principle that a legitimate prosecution cannot be stifled in exercise of the jurisdiction under Section 482 Cr.P.C. by the High Court. It also highlighted the requirements for issuing a warrant of arrest and proclamation under Section 82 Cr.P.C., emphasizing that the statute does not prescribe a minimum time period for issuing the proclamation after the non-bailable warrant of arrest.
Fact of the Case:
The case involved the transportation of illegally extracted coal with forged documents, leading to the filing of an FIR and issuance of non-bailable warrant and proclamation against the petitioners.
Finding of the Court:
The court found that there were specific allegations against the petitioners and emphasized that a legitimate prosecution cannot be stifled. It also held that there was no justifiable reason to quash the entire criminal proceeding, including the FIR, and the orders related to the non-bailable warrant and proclamation.
Issues: The issues revolved around the quashing of the criminal proceeding, including the FIR, and the orders related to the non-bailable warrant and proclamation under Section 82 Cr.P.C.
Ratio Decidendi: The court emphasized the principle that a legitimate prosecution cannot be stifled and highlighted the requirements for issuing a warrant of arrest and proclamation under Section 82 Cr.P.C.
Final Decision: The criminal miscellaneous petition was dismissed as it was found to be without merit.
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 the drivers fled away with the truck after leaving the documents. From the same, a suspicion arose in the mind of the informant police officer and the remaining three trucks were seized by the police. During the course of investigation, it was found inter alia that the petitioners were transporting coal outside the State of Jharkhand on the basis of forged documents. Hence, the FIR was registered.
4. On 28.11.2022, the I.O. intimated the learned Judicial Magistrate 1st class, Hazaribagh that he sent three times to the accused persons house but it has not been mentioned as to what was sent by the I.O. from the said order of the learned Magistrate but the said order dated 28.11.2022 of the learned Magistrate further discloses that apparently communication was sent by the I.O. inter alia against the petitioners for their appearance but they were concealing themselves. It has further being mentioned in the said order dated 28.11.2022 that the I.O. of the case went three times to arrest the accused petitioners of this criminal miscellaneous petition being 10.11.2022, 11.11.2022 and 21.11.2022 as mentioned in paragraph nos.155, 162 and 168 of the case diary but the accused petitioners did not appear and they are evading their arrest and concealing themselves. The I.O. also made effort to arrest the accused persons but as the accused persons are concealing themselves and evading their arrest, he could not do so and being thus satisfied; the learned Magistrate allowed the prayer for issuance of non-bailable warrant of arrest under Section 73 of Code of Criminal Procedure.
5. That on 12.12.2022, the learned Magistrate took up petition dated 06.12.2022 filed by the I.O. and in the said petition, prayer was made for issuance of the proclamation under Section 82 Cr.P.C. against the two petitioners of this criminal miscellaneous petition.
6. The learned Magistrate on perusal of the execution report of non-bailable warrant of arrest was convinced that the petitioners were absconding; as though on 03.12.2022 and 05.12.2022 the I.O. of the case went for arresting them but they were found absconding as mentioned in the defendant paragraphs of the case diary. Hence, the learned Magistrate allowed the prayer for issuance of proclamation under Section 82 Cr.P.C. and fixed 25.01.2023 at 12:00 am for the appearance of the petitioners before it.
7. Learned counsel for the petitioners submits that the petitioners were not named in the FIR and they have been implicated in this case only on the basis of challan which were alleged to be seized by the informant. It is further submitted by the learned counsel for the petitioners that the truck number given in the challan belongs to the petitioners and they are the registered owners of the said two trucks of which the respective drive
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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