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ANIL KUMAR CHOUDHARY
Chandrika Sen – Appellant
Versus
State of Jharkhand – Respondent
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 o
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.
The issuance of non-bailable warrants and proclamations must comply with legal standards, including recorded satisfaction of evasion and specification of time and place for appearance.
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.
Court must record satisfaction of evasion of arrest before issuing non-bailable warrants or proclamations under Section 82 of Cr.P.C.
Proclamations issued under Section 82 of the Code of Criminal Procedure are valid when evidence shows the accused is evading arrest, affirming the court's discretion in such matters.
The central legal point established in the judgment is that the issuance of proclamation under Section 82 and attachment of property under Section 83 must comply with the mandatory requirements of la....
The issuance of non-bailable warrants and proclamations must comply with mandatory legal requirements, including recording satisfaction of evading arrest and specifying time and place for appearance.
The issuance of non-bailable warrants and proclamations must adhere to legal standards, including the necessity of an execution report and clear directives for appearance.
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