BAJRANG SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioners by invoking the writ jurisdiction have questioned the legality of the order dated 02.02.2015 whereby nonbailable warrant of arrest has been issued and also the subsequent order dated 30.03.2015 whereby processes under Section 82 of the Code of Criminal Procedure (in short "the Code") has been issued by the learned Chief Judicial Magistrate, Khunti in connection with Arki P.S. Case No. 23 of 2014 without following the mandate of the said provision.

(2.) At the instance of one Raju Lal Gupta, the aforesaid Arki P.S. case no. 23 of 2014 was instituted on 28.06.2014 under Section 498-A/34 of I.P.C. and also under Section 3/4 of the Dowry Prohibition Act. It is not necessary here to give the details of the allegations levelled against the petitioners in the said first information report.

(3.) It appears from the record that the Investigating Officer after investigation of the case filed an application on 02.02.2015 in the Court of learned Chief Judicial Magistrate, Khunti stating therein that on the basis of the investigation and supervision note, there appears to be sufficient evidences against the petitioners for filing chargesheet, hence the prayer was made before the court to issue nonbailable warrant against the petitioners. Accordingly, N.B.W. was issued on 02.02.2015 and on the next date i.e. on 30.03.2015, the Investigating Officer while returning the non-bailable warrant issued earlier, filed another application before the court and prayed for issuance of Process under Section 82 of the Code and the court below after perusal of the application, directed to issue Processes.