ANIL KUMAR CHOUDHARY
Alphons Marandi @ Alfhonsh Marandi, S/o Late Paolus Marandi – Appellant
Versus
State of Jharkhand – Respondent
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 08.09.2021 and 21.09.2022 by which warrant of arrest was issued against the petitioner and also to quash the order dated 29.11.2022 for issuing process under Section 82 of Cr.P.C., has been passed in connection with Bhelwaghati Police Station Case No.07 of 2021 registered for the offence punishable under Section 376 of the Indian Penal Code, pending in the court of Judicial Magistrate-1st Class, Giridih.
3. Perusal of the record reveals that vide order dated 08.09.2021, a petition was filed by the Investigating Officer of the case mentioning therein that the petitioner is an accused of Bhelwaghati P.S. Case No.07 of 2021 involving the offence punishable under Section 376 of the Indian Penal Code which is a non-bailable offence and it was contended by the Investigating Officer before the learned Magistrate that the petitioner is absconding from his house and his arrest is essential for further investigation of the case and considering the facts of the case, the learned Magistrate issued warrant o
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