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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Bharat Kumar Yadav @ Bharat Kr. Yadav son of late Subhas Manjhi – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petitioner's bail status and case background. (Para 2 , 4) |
| 2. arguments against illegality of non-bailable warrant. (Para 5 , 6) |
| 3. court's analysis of procedural illegality. (Para 7 , 8) |
| 4. court's decision to quash the arrest order. (Para 9 , 10 , 11) |
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 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 with two fold prayers but the learned Senior Advocate appearing for the petitioner submits that the petitioner does not want to press the first prayer of quashing the entire criminal proceeding including the order taking cognizance dated 22.08.2019 and only confines to the prayer for quashing the order dated 11.12.2023 passed by the learned Sub Divisional Judicial Magistrate, Dumka in connection with Jarmundi P.S. Case No. 94 of 2018 in which consequent upon charge sheet having been submitted against the petitioner for having committed the offences punishable under Sections 279, 337, 338 and 304A of Indian Penal Code; the learned court issue long bailable warrant of arrest against the petitioner.
3. Accordingly
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