ROHIT MEHTA 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. 582 of Bhartiya Nagrik Suraksha Sanhita, 2023 with a prayer for quashing the order dtd. 24/7/2023 passed by the learned Chief Judicial Magistrate, Dhanbad; by which the learned Chief Judicial Magistrate, Dhanbad ordered for issuance of non-bailable warrant of arrest against the petitioner in connection with Chirkunda P.S. Case No. 134 of 2022. Further prayer has been made for quashing the order dtd. 11/6/2024 by which order for proclamation under Sec. 82 Cr.P.C. has been issued against the petitioner by the learned Chief Judicial Magistrate, Dhanbad in connection with the said Chirkunda P.S. Case No. 134 of 2022 and prayer has also been made for other consequential reliefs.

(3.) The brief facts of the case is that the petitioner is accused of committing offences punishable under Sec. 420/467/468/ 471/34 of the Indian Penal Code and Chirkunda P.S. Case No. 134 of 2022 has been registered inter-alia against the petitioner. On 24/7/2023, the I.O. of the case filed a petition for issuance of warrant of arrest mentioning therein that despite issuance of notice under Sec. 41A of the Cr.P.C., the accused did not appear before the court nor before the I.O. nor filed any reply and for further investigation of the case, the presence of the accused is necessary and there is sufficient evidence in the case to submit charge sheet and he prayed for issuance of non bailable warrant of arrest and the learned Chief Judicial Magistrate, Dhanbad, after perusal of the record as well as the petition of the I.O. allowed the prayer and directed to issue warrant of arrest. The petitioner did not challenge the said order immediately. Thereafter, on 11/6/2024, a petition along with execution report of the NBW issued by the learned Chief Judicial Magistrate against the petitioner was filed before the learned Chief Judicial Magistrate.