PRAHLAD KUMAR MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner seeks quashing of the order dated 02.01.2017 by which process under section 82 Cr.P.C has been issued against him.

(2.) Two-Fold contentions have been raised on behalf of the petitioner; (i) when charge-sheet against other co-accused persons was submitted on 21.11.2015 by that time no material on complicity of the petitioner in the crime was collected by the investigating officer and therefore the Magistrate could not have issued non-bailable warrant of arrest against the petitioner, and (ii) the order by which process under section 82 Cr.P.C has been issued does not disclose application of mind by the Magistrate.

(3.) At the outset, it needs to be recorded that it is the content and intent of the order which matter the most. The petitioner is a named accused in Sarath P.S. Case No. 217 of 2015 which has been registered on 25.09.2015 for the offence punishable under section 406/420 Penal Code and under section 66(B)(C) of IT Act. The written report was accompanied by several seizure lists which disclose seizure of several mobile phones and sim cards. The order dated 30.08.2016 records that sufficient materials were collected during the course of investigation against the petitioner and other co-accused persons and accordingly, non-bailable warrant of arrest has been issued against them. May be the impugned order dated 02.01.2017 is a brief order, when read in the context of the proceeding in G.R. Case No. 883 of 2015; complete order-sheet of the case has been produced by the petitioner, it would disclose that the petitioner has been evading arrest and concealing himself so that non-bailable warrant of arrest is not executed. The learned Magistrate has therefore rightly ordered issuance of process under section 82 Cr.P.C against him.