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2024 Supreme(Jhk) 424

ANIL KUMAR CHOUDHARY
Prabha Agarwal @ Prabha, W/o. Praveen Agarwal @ Praveen Kumar – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners: Mr. Rohit Agarwal.
For the State : Mr. Abhay Kr. Tiwari, Addl. P.P.

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 26.06.2019 and 06.01.2020 by which respectively, the order of non-bailable warrant of arrest and proclamation under Section 82 Cr.P.C. was issued by the learned Chief Judicial Magistrate, Seraikella in connection with Seraikella P.S. Case No. 21 of 2019.

3. The brief fact of the case is that on 26.06.2019, the I.O. of the case filed a petition with a prayer for issue of non-bailable warrant of arrest against the petitioners who are the accused persons of the case involving the offences punishable under Sections 406, 420, 467, 468, 471, 34 of Indian Penal Code and the learned Chief Judicial Magistrate, Seraikella issued non-bailable warrant of arrest without recording its satisfaction that the petitioners are evading arrest.

4. On 06.01.2020, the I.O. of the case filed a petition for issue of proclamation under Section 82 Cr.P.C. inter alia against the petitioners and the learned Chief Judicial Magistrate, Seraikella issued the proclamation under Section 82 Cr.P.C. without

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