KHUSBOO GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. R.S. Mazumdar, learned senior counsel for the petitioners and Mr. Abhay Kr. Tiwari, learned counsel for the State.

(2.) The present petition has been filed for quashing of order dtd. 10/5/2022 whereby process under Sec. 82 has been directed to be issued against the petitioner in connection with Saraidhela P.S. Case No. 35 of 2022, pending in the Court of learned Chief Judicial Magistrate, Dhanbad.

(3.) Mr. R.S. Mazumdar, learned senior counsel for the petitioners submits that for the dispute between families, all the family members have been made accused even ladies members have not been left. He further submits that it is not a case where petitioners are evading their arrest rather the petitioners have taken recourse under the Cr.P.C. by filing A.B.P. and A.B.A. before the learned court below and before this Hon'ble Court but during pendency of A.B.A., process under Sec. 82 Cr.P.C. has been issued against the petitioners. He further submits that F.I.R. was lodged on 17/2/2022 and the petitioners have moved A.B.P. on 4/3/2022. The said A.B.P. was transferred to another Court and was heard in which case diary was called for by the court below thereafter it has been adjourned in anticipation of receipt of case diary. He submits that on 19/4/2022, the said A.B.P. was rejected and on 24/4/2022 a petition for certified copy has been applied. The petitioners preferred A.B.A. on 28/4/2022. Learned senior counsel for the petitioners submits that in absence of execution report N.B.W. has been issued against the petitioners on the request of Investigating Officer on 31/3/2022. He further submits that this is not a case that petitioners have not taken recourse under the Cr.P.C. He further submits that the impugned order is not in accordance with law.