UPENDRA SONI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing the orders dtd. 16/9/2019, 16/12/2019 and 4/2/2020, whereby, non-bailable warrant of arrest and processes under Ss. 82 and 83 Cr.P.C. respectively have been directed to be issued against the petitioner. By way of I.A. No.8396 of 2022, the order dtd. 15/6/2022 whereby permanent warrant of arrest in connection with Kolebira P.S. Case No.02/2019, G.R. Case No.93/2019(S), now pending in the court of the learned Chief Judicial Magistrate, Simdega against the petitioner has been challenged. The said I.A. has been allowed vide order dtd. 20/9/2022.

(2.) Learned counsel for the petitioner submits that during the pendency of this petition, permanent warrant of arrest has been issued against the petitioner and the prayer for amendment has been allowed by this Court vide order dtd. 20/9/2022 and the said order was allowed to be challenged. He further submits that vide order dtd. 8/1/2021, this Court has called upon the State to bring on record the document with regard to notice issued under Sec. 41-A Cr.P.C. He also submits that the said notice has not been brought on record by the State. He further submits that the petitioner was not named in the FIR. The petitioner has not received any notice under Sec. 41-A Cr.P.C. and only on the application of the I.O., the learned court has issued non-bailable warrant of arrest and processes under Ss. 82 and 83 Cr.P.C. have been directed to be issued against the petitioner.

(3.) Learned counsel for the State submits that counter affidavit has been filed. He tried to justify the impugned orders. He fairly submits that notice under Sec. 41-A Cr.P.C. has not been brought on record by way of filing affidavit.