ASHIT GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing the orders dtd. 1/8/2022 and 5/9/2022, whereby, non-bailable warrant of arrest and process under Sec. 82 Cr.P.C. has been directed to be issued against the petitioner in connection with Daltonganj (Town) P.S. Case No.76/2022, pending in the court of the learned Judicial Magistrate, 1st Class, Palamau.

(2.) Mr. Amit Kumar Das, learned counsel appearing for the petitioner at the outset confines his prayer so far as the order dtd. 5/9/2022 is concerned and submits that the petitioner has already preferred A.B.A. No.7498 of 2022, however the same was dismissed as not maintainable in view of the fact that process under Sec. 82 Cr.P.C. has already been issued. He further submits that the satisfaction of the learned court is not there while passing the order dtd. 5/9/2022, which is one of the parameters to pass such order under Sec. 82 Cr.P.C.

(3.) Learned counsel Mr. Indrajit Sinha has appeared on behalf of the informant and he opposes the prayer and submits that execution report is there and thereafter the impugned order has been passed.