PRAKASH PANDEY 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 B.N.S.S., 2023 with the prayer to quash the entire criminal proceeding including the orders dtd. 16/7/2025 and 15/9/2025 passed in connection with Saraidhela P.S. Case No. 233 of 2020 involving the offence punishable under Sec. 304/34 of the Indian Penal Code whereby and where under the learned Chief Judicial Magistrate, Dhanbad has respectively ordered for issuance of non-bailable warrant of arrest and the proclamation under Sec. 82 of the Code of Criminal Procedure against the petitioner.

(3.) Learned counsel for the petitioner submits that the allegation against the petitioner is false. The petitioner has not received any notice under Sec. 41A of the Code of Criminal Procedure nor is he named in the FIR. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed.