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2025 Supreme(Jhk) 455

IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE ANIL KUMAR CHOUDHARY, J
Payal Devi @ Payal Kumari – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Raj Nandan Chatterjee, Advocate
For the Respondent: Mr. Abhay Kr. Tiwari, Addl. P.P.

JUDGMENT :

By the Court:-

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 with a prayer to quash the order dated 03.03.2025 passed by the learned Judicial Magistrate -1st Class, Dhanbad whereby and where under, the learned Judicial Magistrate -1st Class, Dhanbad has directed for issuance of non- bailable warrant of arrest and also to quash the order dated 05.04.2025 by which the said learned Judicial Magistrate -1st Class, Dhanbad has ordered for issuance of proclamation under Section 84 of B.N.S.S., 2023 in connection with Barwadda P.S. Case No. 02 of 2025 involving the offences punishable under Sections 115(2)/ 118(1)/ 117(2)/ 109/ 76/ 303(2)/3(5) of B.N.S., 2023.

3. It is submitted by the learned counsel for the petitioners that Section 75 of Bhartiya Nagrik Suraksha Sanhita, 2023 empowers the Chief Judicial Magistrate or the Magistrate of the First Class to direct a warrant to any person within his local inter-alia jurisdiction for arrest of any person who is accused of a non-bailable offence and is evading arrest. It is next submitted that the learne

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