PAYAL DEVI 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. 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 with a prayer to quash the order dtd. 3/3/2025 passed by the learned Judicial Magistrate -1st Class, Dhanbad whereby and where under, the learned Judicial Magistrate -1st Class, Dhanbad has directed for issuance of non-bailable warrant of arrest and also to quash the order dtd. 5/4/2025 by which the said learned Judicial Magistrate -1st Class, Dhanbad has ordered for issuance of proclamation under Sec. 84 of B.N.S.S., 2023 in connection with Barwadda P.S. Case No. 02 of 2025 involving the offences punishable under Ss. 115(2)/ 118(1)/ 117(2)/ 109/ 76/ 303(2)/3(5) of B.N.S., 2023.

(3.) It is submitted by the learned counsel for the petitioners that Sec. 75 of Bhartiya Nagrik Suraksha Sanhita, 2023 empowers the Chief Judicial Magistrate or the Magistrate of the First Class to direct a warrant to any person within his local jurisdiction for arrest of inter-alia any person who is accused of a non-bailable offence and is evading arrest. It is next submitted that the learned Judicial Magistrate -1st Class, Dhanbad without recording any satisfaction that the petitioners are evading their arrest, by order dtd. 3/3/2025 has directed issuance of non-bailable warrant of arrest. Hence, the order dtd. 3/3/2025 passed by the learned Judicial Magistrate -1st Class, Dhanbad in connection with Barwadda P.S. Case No. 02 of 2025 being not in accordance with law; the same be quashed and set aside. It is next submitted that so far as the order dtd. 5/4/2025 is concerned, in the said case, learned Judicial Magistrate 1st Class, Dhanbad without mentioning any time or place for the appearance of the petitioners has issued the proclamation under Sec. 84 of B.N.S.S., 2023. Hence, it is submitted that the order dtd. 5/4/2025 passed by the learned Judicial Magistrate -1st Class, Dhanbad in connection with Barwadda P.S. Case No. 02 of 2025 is also not in accordance with law, hence, the same be quashed and set aside.