MD.RUSTUM ALAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this criminal miscellaneous petition, the petitioners have prayed for quashing the orders dated 08.02.2018, by which non-bailable warrant of arrest has been issued, 26.06.2018, by which process under Section 82 of the Code of Criminal Procedure (hereinafter referred to as the Code) and 30.01.2019, by which process under Section 83 of the Code have been issued, against the petitioners, by the Chief Judicial Magistrate, Latehar in connection with Complaint Case No. 399 of 2016.

(2.) In this criminal miscellaneous petition filed under Section 482 of the Code, the points, which have been raised by the learned counsel are by way of challenge to the orders issuing non-bailable warrant of arrest and the orders by which process and order of attachment, respectively issued under Sections 82 and 83 of the Code.

(3.) The main contention of the petitioners is that the Court below, in a most mechanical manner issued non-bailable warrant of arrest. In the similar manner the process under section 82 of the Code and thereafter attachment order in terms of Section 83 of the Code have been issued. It is their contention that, even without receipt of the service report of bailable warrant of arrest, non-bailable warrant of arrest have been issued against the petitioners. Similarly, without there being any service report of non-bailable warrant of arrest, process under Section 82 of the Code has been issued. Further, without any service of the process under Section 82 of the Code, attachment order in terms of Section 83 of the Code has been issued. It is also the case of the petitioners that the processes are being issued in utter violation of the respective provisions laid down in the Code, i.e. Sections 73, 82 and 83 thereof, thus, these orders need to be set aside.