BIRENDRA KUMAR BIMAL 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 Cr.P.C. with a prayer to quash the order dtd. 19/10/2023 passed by the learned Judicial Magistrate 1st Class, Palamau at Daltonganj in connection with Nawadiha Bazar P.S. Case No. 49 of 2018 by which the learned Judicial Magistrate 1st Class, Palamau at Daltonganj has directed to issue the proclamation under Sec. 82 Cr.P.C. against the petitioner.

(3.) The brief fact of the case is that on 19/10/2023 a petition along with execution report of non-bailable warrant of arrest issued by the said court was filed by the I.O. of the case and prayed for issue of proclamation under Sec. 82 Cr.P.C. against the petitioner. On the basis of the materials placed before the learned Judicial Magistrate 1st Class, Palamau at Daltonganj including the case diary, the learned Judicial Magistrate 1st Class, Palamau at Daltonganj was satisfied that the petitioner who is the accused person of the case and against whom non-bailable warrant of arrest was issued was absconding or concealing himself to evade his arrest and therefore, it is not possible for the I.O. of the case to execute the non-bailable warrant of arrest issued by the court and being thus satisfied directed issuance of proclamation and also directed the petitioner to appear in the court on or before 4/12/2023 at 12:00 pm; but it appears that the petitioner did not appear within the said period and on 7/5/2024 filed this criminal miscellaneous petition.