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ANIL KUMAR CHOUDHARY
Siddharth Raj @ Sidharth Raj S/o Sudhanshu @ Sudhir Pandey – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
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 to quash the order dated 12.09.2022 and 09.10.2023 passed by the learned Judicial Magistrate 1st Class-XIII, Ranchi in Argora P.S. Case No. 94 of 2021 by which the learned Judicial Magistrate 1st Class-XIII, Ranchi, has issued the non-bailable warrant of arrest and the proclamation under Section 82 Cr.P.C. respectively.
3. The brief fact of the case is that the petitioner is an accused of Argora P.S. Case No. 94 of 2021 registered for the offences punishable under Section 406/420/34 of the Indian Penal Code. On 12.09.2022, the I.O. of the case made a prayer to the learned Judicial Magistrate 1st Class-XIII, Ranchi to issue non-bailable warrant of arrest against the petitioner who is the accused person of that case. It was contended by the I.O. that the accused person is intentionally concealing himself to evade his arrest and has not responded to the notices issued to him under Section 41A Cr.P.C. by not even giving any answer to the said notice. Based on the materials placed before it, it appear
The issuance of non-bailable warrants and proclamations must comply with legal requirements, including recording satisfaction of evasion and specifying time and place for appearance.
The main legal point established is the necessity for the trial court to strictly adhere to the prescribed procedures and guidelines for issuance of Non-Bailable Warrant and proclamation under sectio....
The court established that the procedural safeguards under Sections 82 and 83 of the Cr.P.C. must be strictly followed to protect the personal liberty of individuals before declaring them as proclaim....
A legitimate prosecution cannot be stifled in exercise of the jurisdiction under Section 482 Cr.P.C. by the High Court.
The court upheld the legality of the orders for non-bailable warrant of arrest and proclamation under Section 82 of Cr.P.C. based on the petitioner evading arrest and living out of the jurisdiction o....
The court may uphold non-bailable warrant and proclamation orders if satisfied that the accused is evading arrest and living out of the jurisdiction of the police station.
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