KAMESHWAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PRESENT criminal miscellaneous petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of orders dated 10.02.2014, 17.02.2014 and 08.07.2014 passed by learned Judicial Magistrate, 1st Class, Bermo at Tenughat in Gomia P.S. Case No. 186 of 2013, corresponding to G.R. Case No. 1358 of 2013 registered for the offences punishable under Sections 409/ 420/ 447 of the Indian Penal Code, whereby warrant of arrest, processes under Sections 82 and 83, Cr.P.C. respectively have been ordered to be issued against the petitioner, now pending before the learned Judicial Magistrate, 1st Class, Bermo at Tenughat.

(2.) LEARNED counsel for the petitioner, while referring Annexure -2 i.e. order -sheet, pointed out that FIR was received by the Court on 26.11.2013 and thereafter, it was sent to the Court of learned Judicial Magistrate, Tenughat awaiting final form. Thereafter on 27.11.2013, case record was received from the Court of learned ACJM, Tenughat by the Court of learned Judicial Magistrate, Tenughat and upon application filed by the IO for issuance of warrant of arrest against the petitioner -accused, learned court -below vide its order dated 10.02.2014, issued warrant of arrest against the petitioner. Thereafter on 17.02.2014, process under Section 82 of the Code of Criminal Procedure was ordered to be issued. It is also pointed that thereafter process under Section 83 of the Code of Criminal Procedure was ordered to be issued vide order dated 08.07.2014 without following due process of law.

(3.) ACCORDING to the learned counsel for the petitioner, there is nothing on record to show that the petitioner was evading his arrest; however, learned court -below, without recording its any kind of satisfaction, straightaway issued warrant of arrest, which is contrary to the settled proposition of law.