VIKSAL TOPNO 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 the orders dtd. 25/6/2024 and 2/9/2024 passed by the learned Chief Judicial Magistrate, Khunti in connection with Khunti (Mahila) P.S. Case No.06 of 2024, by which respectively the non-bailable warrant of arrest and the proclamation under Sec. 82 of Cr.P.C. have been directed to be issued against the petitioner; by the learned Chief Judicial Magistrate, Khunti.

(3.) Perusal of the record reveals that on 25/6/2024, the Investigating Officer filed and moved an application for issuance of the non-bailable warrant of arrest against the petitioner. The learned Chief Judicial Magistrate considered from the materials placed before it including the case-diary, that the petitioner is an accused of having committed the non-bailable offences punishable under Ss. 376 (2) (n) and 313 of the Indian Penal Code and it appeared to the learned Chief Judicial Magistrate that the petitioner is evading his arrest. Hence, the learned Chief Judicial Magistrate, Khunti has directed for issuance of the non-bailable warrant of arrest against the petitioner to comply with the same.