The court ruled that a non-bailable warrant of arrest requires recorded satisfaction of evasion of arrest, which was not present, rendering the warrant and subsequent orders unsustainable.

JUDGMENT :

Anil Kumar Choudhary, J.

Heard the parties.

2. This Criminal Miscellaneous Petition 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 19.08.2023, 16.10.2023 as well as order dated 13.12.2023 passed by learned A.C.J.M, Ghatshila in connection with Ghatshila P.S. Case No.23 of 2022 whereby and where under the learned A.C.J.M., Ghatshila has respectively issued non-bailable warrant of arrest, proclamation under Section 82 of Cr.P.C. and attachment order of property under Section 83 of Cr.P.C.

3. The brief facts of the case is that the petitioners are the accused persons of the said Ghatshila P.S. Case No.23 of 2022 registered for the offences punishable under Sections 498-A, 406, 386, 387, 504, 34 of the Indian Penal Code. The petitioners filed Cr.M.P. No.1334 of 2022 and vide order dated 22.06.2022, a co-ordinate Bench of this Court passed an interim order in the said case to the effect that the petitioners will not be arrested in connection with Ghatshila P.S. Case No. 23 of 2022, pending in the Court of learned Additional Chief Judicial Magistrate, Ghatshila, till the next date of listing. Ultimately, on 16.08.2023, the petitioners sought permission of the court to withdraw the said Cr.M.P. with liberty to raise all the grounds before the appropriate court and the same was permitted to be withdrawn and the interim relief granted to the petitioners stood vacated. Vide order dated 19.08.2023, when the investigation of the case was still going on without any requisition of the Investigating Officer and without recording any satisfaction that the petitioners are evading their arrest, the learned A.C.J.M., Ghatshila ordered for issue of non-bailable warrant of arrest against the accused persons of the case-who are the petitioners herein but as the petitioners evaded the execution of the non-bailable warrant of arrest, the Investigating Officer of the case filed an application for issuance of the proclamation under Section 82 of the Cr.P.C. and the same has been issued vide order dated 16.10.2023 and even then petitioners did not appear, vide order dated 13.12.2023, attachment order of the property of the petitioners under Section 83 of the Cr.P.C., has been passed.

4. Learned senior counsel appearing for the petitioners submits that the order dated 19.08.2023 by which the non-bailable warrant of arrest has been issued suo moto by the learned A.C.J.M., Ghatshila without any requisition by the Investigating Officer and without recording any satisfaction that the petitioners are evading their arrest, is not sustainable in law and as the non-bailable warrant of arrest itself, is not sustainable in law so, the subsequent orders of issuing the proclamation and the order for attachment of the property of the petitioners, is also not sustainable in law. Hence, it is submitted that the same be quashed and set aside.

5. Learned Addl.P.P. appearing for the State and the learned senior counsel for the opposite party No.2 on the other hand submit that true it is that vide order dated 19.08.2023, the said order do not reflect that there was any material before the learned A.C.J.M., Ghatshila to be satisfied that the petitioners were evading their arrest but from the perusal of the order dated 16.10.2023, it is crystal clear that the petitioners are evading their arrest and hence, rightly the proclamation under Section 82 of the Cr.P.C. has been made and even consequent upon the same, as the petitioners have not appeared before the learned trial court, rightly the attachment order of property was issued. Therefore, no illegality having been committed by the learned A.C.J.M, Ghatshila, this Cr.M.P., being without any merit, be dismissed.

6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that under Section 73 of the Code of Criminal Procedure