BALDEO PRASAD MEHTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The two petitioners by invoking the extra ordinary jurisdiction of this Court under article 226 of the Constitution of India have questioned the legality of the order dated 16.01.2015 passed by the Additional Chief Judicial Magistrate, Hazaribag whereby warrant of arrest has been issued against the petitioners and also the subsequent orders dated 16.05..2015 and 10.06.2015 by which the court below directed to issue proclamation and Processes against the petitioners under Sections 82 and 83 of the Code of Criminal Procedure (in short "the Code") respectively.

(2.) The prosecution case, which is necessary for the proper adjudication of the issue involved in this writ application, in short, is that at the instance of the informant, Ichak P.S. Case No. 259 of 2014 corresponding to G.R. Case no. 3758 of 2014 was instituted with the allegation that on 12.09.2014 at about 12.00 P.M., while some of the labourers of a Mines were taking lunch, Nauratna Singh and Mahendra Singh were doing the drilling work in the said Mines and Mahesh Ganjhu and Binod Ganjhu were lifting the stone pieces and putting them in the tractor. Suddenly a big piece of stone and soil fell down causing death of Nauratna Singh on the spot and other persons namely Mahendra Singh, Mahesh Ganjhu and Binod Ganjhu sustained serious injuries whereafter the owners of the said mines brought the injured to Sadar Hospital, Hazaribag but Mahendra Singh also died during course of treatment.

(3.) It appears from the record that the F.I.R. of the case was placed before the Judicial Magistrate, Hazaribagh on 15.09.2014, which was registered under Section 287 and 304/34 I.P.C. and on the very next date fixed in the case i.e. on 16.01. 2015, the Investigating Officer filed a requisition in the court for issuance of warrant of arrest and the same was issued. It further appears from the order sheet enclosed with this writ application vide Annexure-2 that on the very next date i.e. 16.05.2015, the Investigating Officer returned the warrant to the court and prayed for issuance of proclamation under Section 82 of the Code and the same was issued. Again on the next date, i.e. on 10.06.2015, i.e. within 30 days of the issuance of Process under Section 82 of the Code, the I.O. again filed a requisition with the proclamation issued by the Court under Section 82 of the Code for issuance of Process under Section 83 of the Code and the same was issued by the court below.