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2023 Supreme(Jhk) 1421

ANIL KUMAR CHOUDHARY
Phulwa Devi @ Phulmati Devi @ Fulwa Devi, W/o. Shankar Saw – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Hemant Kr. Shikarwar.
For the State : Mr. Manoj Kr. Mishra, 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 order dated 03.09.2022 by which non-bailable warrant of arrest was issued against the petitioner and also to quash the order dated 05.12.2022 by which the proclamation under Section 82 of Cr.P.C. was issued against the petitioner and the Investigating Officer was directed to get the proclamation order published in local newspaper corresponding to Barkatha P.S. Case No.117 of 2022 corresponding to G.R. No.1965 of 2022 registered for the offence punishable under Sections 302, 201, 34 of the Indian Penal Code which is pending in the court of Judicial Magistrate-1st Class, Hazaribagh.

3. Perusal of the record reveals that vide order dated 03.09.2022, the Investigating Officer made a prayer along with copy of the case-diary for issuance of non-bailable warrant of arrest against the petitioner. After hearing and perusal of the case diary, it appeared to the learned Judicial Magistrate-1st Class, Hazaribagh that the F.I.R. named accused is fleeing from her place and evading her arrest and police could not arrest he

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