HARI KRISHNA BUDHIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Nitin Kumar Pasari, learned counsel for the petitioners, Mr. Vijay Kumar Sinha, learned counsel for the State and Mr. Prashant Kumar Singh, learned counsel for opposite party no.2-D.V.C.

(2.) After some arguments, Mr. Pasari, learned counsel for the petitioners submits that so far as quashing of the entire criminal proceedings in connection with Ramgarh P.S. Case No.213/2007, corresponding to G.R. No.1658/2007, T.R. No.64/2014, pending in the Court of the learned 1st Additional Sessions Judge cum Special Judge, Hazaribagh including the order taking cognizance dtd. 11/11/2018 is concerned, he seeks permission to withdraw that prayer with liberty to take all the grounds at appropriate stage. He confines his prayer for quashing of the orders dtd. 20/11/2010 and 28/11/2014, whereby, non-bailable warrant of arrest and process under Sec. 82 Cr.P.C. have been directed to be issued against the petitioners. He submits that these orders were already annexed with the main petition, however, inadvertently the prayer was not made and, therefore, I.A. No.1242 of 2019 had been filed for amendment in the prayer portion of the petition, which was allowed vide order dtd. 7/2/2022. He submits that in absence of any execution of warrant, the order dtd. 20/11/2010 has been passed. He further submits that the order dtd. 28/11/2014 is also mechanical one. On these grounds, he submits that at least, these two orders are not in accordance with law and the same may kindly be set aside.

(3.) Mr. Prashant Kumar Singh, learned counsel appearing for D.V.C. submits that the said orders are in accordance with law and at this stage, this Court may not allow that prayer.