ANIL KUMAR CHOUDHARY
Arun Tiwari @ Arun Kumar @ Mantu Tiwari, son of Lalmani Tiwari – 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 order dated 09.11.2022 passed by the learned Judicial Magistrate 1st Class, Palamu whereby and where under, the learned Judicial Magistrate 1st Class, Palamu issued proclamation under Section 82 Cr.P.C. against the petitioners in connection with Untari Road P.S. Case No. 32 of 2022 registered for the offences punishable under Section 379 of the Indian Penal Code, Section 21 of MMDR Act, 1957, Rule 54 of JMMC Rule, 2004 and Rule 13 (1) of JIMTS Rule, 2017.
3. Perusal of the record reveals that the I.O. of the case returned the non-bailable warrant of arrest along with execution report of the warrant and prayed for issue of proclamation under section 82 of the Code of Criminal Procedure.
4. The learned Judicial Magistrate 1st Class, Palamu allowed the said prayer and directed the office to issue the proclamation against the four accused persons of the case including the two petitioners of this case.
5. It is submitted by the learned counsel for the petitioners that the learned Magistrate has failed to r
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