PITOBAS BEHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present petition has been filed under Section 482 of the Code of Criminal Procedure, for quashing the orders dated 28.01.2019 and 10.05.2019, whereby the learned Additional Chief Judicial Magistrate, Lohardaga, has ordered for issuance of non-bailable warrant of arrest, and processes under Section 82 Cr.P.C respectively, in connection with Bhandra P.S. Case No.68 of 2018 [corresponding to G.R. No.185/2019 (S)]

(2.) Learned counsel for the petitioner has relied on the decision of the Supreme Court in the case of Inder Mohar Goswami Vs. State of Uttaranchal; (2007) 12 SCC 1, wherein it has been observed that prior to issuance of non- bailable warrant of arrest, the court below should strike a balance between societal interests and personal liberty and exercise its discretion cautiously. The court has also to form an opinion and when has reason to believe that the person will not voluntarily appear in court and the police authorities are unable to find the person to serve with the summons and that person could harm someone if not brought into custody.

(3.) Learned A.P.P., has submitted that no illegality or impropriety has been committed by the court below while passing the impugned orders.