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2023 Supreme(Jhk) 1434

ANIL KUMAR CHOUDHARY
Arun Lohra, S/o. Birbal Lohra – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Abhay Kr. Chaturvedy, Mr. Amit Kr. Choubey.
For the State : Ms. Kumari Rashmi, Addl. P.P.

JUDGMENT :

Heard the parties.

2. This Cr.M.P. has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the orders dated 09.06.2020 and 28.09.2020 passed by the learned Additional Chief Judicial Magistrate, Latehar in connection with Chandwa P.S. Case No.139 of 2019.

3. Perusal of the record reveals that on 09.06.2020, the Investigating Officer of the said case submitted a requisition for issue of warrant of arrest against the petitioner who is an accused of the said case involving the offences punishable under Section 366-A of the Indian Penal Code which provide for a maximum punishment of ten years and is a cognizable offence. It was urged upon by the Investigating Officer of the case that the accused is absconding and hence, his arrest is necessary. Learned Additional Chief Judicial Magistrate after going through the case-diary and the materials in the record, passed the order for issue of non-bailable warrant of arrest against the petitioner. Perusal of the record further reveals that vide order dated 28.09.2020, the Investigating Officer of the case made the prayer before the learned Additional Chief Judicial

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