SHYAM KUMAR SINHA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) On an allegation that the petitioner has misappropriated Rs.3,02,041.00, a complaint case vide Complaint Petition Case No. 1926 of 2016 was instituted which by an order of the Magistrate under sec. 156(3) Cr.P.C was referred for investigation to the police and, accordingly, Chirkunda (Maithon) P.S. Case No. 192 of 2017 corresponding to G.R. No. 3550 of 2017 has been registered.

(2.) The anticipatory bail application filed by the petitioner vide ABP No. 1542 of 2018 was dismissed by the Additional Sessions Judge-VIII, Dhanbad by an order dtd. 29/8/2018. The petitioner has now approached this Court in ABA No. 6661 of 2018 in which by an order dtd. 2/11/2018 interim protection has been granted to him. The parties have also been called by the Hon'ble Court to remain physically present in the proceeding of ABA No. 6661 of 2018. In G.R. No. 3550 of 2017, however, by an order dtd. 10/10/2018 process under sec. 82 Cr.P.C has been issued against him. The order dtd. 30/7/2018 by which warrant of arrest has been issued against the petitioner simply records that there is sufficient material to file charge-sheet against the accused; no charge-sheet was though filed.

(3.) Exercise of powers under sec. 73 Cr.P.C entails serious consequences for an accused; his liberty as guaranteed under Article 21 of the Constitution of India is now curtailed. Merely because charge-sheet can be filed, non-bailable warrant of arrest cannot be issued against the petitioner [refer, "Inder Mohan Goswami and another Vs. State of Uttaranchal and others" reported in (2007) 12 SCC 1]. By the order dtd. 10/10/2018, without recording requisite subjective satisfaction, process under sec. 82 Cr.P.C has been issued against the petitioner.