SHAILENDRA YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash and set aside the orders dtd. 30/11/2023 and 23/4/2024 by which respectively the non-bailable warrant of arrest and the proclamation under Sec. 82 of Cr.P.C. was issued against the petitioner by the learned Special Judge-cum-Additional Sessions Judge-I, Palamau in connection with SC/ST Case No.07 of 2019.

(3.) Learned counsel for the petitioner submits that the learned Special Judge-cum-Additional Sessions Judge-I, Palamau without recording any satisfaction that the petitioner is evading his arrest, has ordered on 30/11/2023 for issuance of non-bailable warrant of arrest which is not in accordance with law. So far as the order dtd. 23/4/2024 is concerned, learned counsel for the petitioner submits that the learned Special Judge-cum-Additional Sessions Judge-I, Palamau without recording any satisfaction that the petitioner is absconding or concealing himself to evade his arrest that too without fixing any time and place for his appearance, has issued the proclamation under Sec. 82 of Cr.P.C. which is also not in accordance with law. Hence, it is submitted that prayer, as prayed for in this Cr.M.P. be allowed.