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2023 Supreme(Jhk) 1203

ANIL KUMAR CHOUDHARY
Basudeo Ganjhu @ Gopal Ganjhu, son of Late Bhuneshwar Ganjhu – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Jitendra Shankar Singh, Mr. Randhir Kumar, Ms. Pinki Kumari, Ms. Sonu Kumari.
For the State : Ms. Nehala Sharmin.

JUDGMENT :

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the order dated 28.08.2019 passed in Chandwa P.S. Case No.125 of 2014 corresponding to G.R. No.862 of 2014 (S) whereby and where under the process under Section 82 of Cr.P.C. was issued against the petitioner and also for quashing the order dated 23.02.2022 passed in the said case by which process under Section 83 of Cr.P.C. has been issued against the petitioner.

3. Perusal of the record reveals that vide order dated 28.08.2019, learned A.C.J.M., Latehar has ordered for issuance of the proclamation under Section 82 of Cr.P.C. even though the execution report of non-bailable of warrant of arrest issued against the petitioner was not received nor he has fixed any date for appearance of the petitioner and the order of proclamation was made without recording the satisfaction by the learned A.C.J.M., that the petitioner is absconding or concealing. Perusal of the order dated 23.02.2022 reveals that even though the report regarding proclamation issued under Section 82 of Cr.P.C. was not rec

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