UDAY NATH MAHATO 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. 482 of the Code of Criminal Procedure with a prayer to quash the process under Sec. 82 of Cr.P.C. issued vide order dtd. 1/11/2023 passed by learned C.J.M., Dumka in connection with Dumka (T) P.S. Case No.44 of 2016 corresponding to G.R. No.248 of 2016 registered for the offences punishable under Ss. 406, 419, 420, 120B, 467, 468 of the Indian Penal Code which is now pending before the learned C.J.M., Dumka.

(3.) The brief facts of the case is that on 1/11/2023, an application duly forwarded by the A.P.P. along with the execution report of non-bailable warrant of arrest issued by the court, was submitted by the Investigating Officer with a prayer for issue of the process under Sec. 82 of Cr.P.C. The learned (In-charge) C.J.M., Dumka considered from the materials in the record that the accused persons are absconding in fear of arrest and directed for issue of the process under Sec. 82 of Cr.P.C. without mentioning any time and place for appearance of the accused persons in respect of whom the said process under Sec. 82 of Cr.P.C. was issued.