(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 order dtd. 21/3/2023 passed by the learned Judicial Magistrate-1st Class, Sahibganj in connection with Borio (J) P.S. Case No.284 of 2021 corresponding to G.R. No.616 of 2021 whereby and where under, without service of police paper order was passed for framing of charge. Prayer has also been made to quash and set aside the order 6/4/2024 passed by the learned Judicial Magistrate-1st Class, Sahibganj in Borio (J) P.S. Case No.284 of 2021 corresponding to G.R. No.616 of 2021 whereby and where under the learned Judicial Magistrate cancelled the bail of the accused and to quash and set aside the order dtd. 27/6/2024 by which non-bailable warrant of arrest has been issued against the petitioner.
(3.) Learned counsel for the petitioner submits that the petitioner is an accused of Borio (J) P.S. Case No.284 of 2021, in which after investigation of the case, police submitted charge-sheet and basing upon the same, the learned Judicial Magistrate-1st Class, Sahibganj has taken cognizance of the offences punishable under Ss. 494, 498 A of the Indian Penal Code and Sec. 3/4 of the Dowry Prohibition Act. Learned counsel for the petitioner next submits that even though the petitioner has not been served with the copy of police paper still vide order dtd. 29/5/2023, the case has been fixed to 4/8/2023 for framing of charge without notice of the same to the petitioner and because of the same, the petitioner could not appear and his bail has been cancelled. It is next submitted that the petitioner is a law abiding citizen and he is ready and willing to co-operate with the proceedings of the case. It is further submitted that the petitioner undertakes to surrender before the trial court being learned Judicial Magistrate-1st Class, Sahibganj in connection with Borio (J) P.S. Case No.284 of 2021 corresponding to G.R. No.616 of 2021. Hence, it is submitted that the prayer, as prayed for in this Cr.M.P., be allowed.