SONU KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioners seek quashing of the order dated 02.05.2018 by which processes under section 82 Cr.P.C have been issued against them.

(2.) The learned counsel for the petitioners submits that not only no notice under section 41-A Cr.P.C has been issued to the petitioners, they have no notice of G.R Case No.2995 of 2016.

(3.) The petitioners are the named accused in Sukhdeonagar P.S Case No.301 of 2016 which has been lodged on 25.05.2016 for the offences punishable under sections 376/504/506 read with section 34 I.P.C. Though in view of the offences alleged, no notice under section 41-A Cr.P.C is required, the order dated 27.11.2017 records that notice under section 41-A Cr.P.C has been served upon the accused persons. By the said order non-bailable warrant of arrest has been issued against the accused persons. Even after about two years of registration of a First Information Report when the petitioners did not approach the court for anticipatory bail/bail in connection to G.R Case No.2995 of 2016, the Magistrate has rightly issued the processes under section 82 Cr.P.C against the petitioners.