RANCHI, India, May 30 -- Jharkhand High Court issued the following order on April 30:
1. Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with several prayers for quashing:-
a. the order dated 08.11.2017 by which the bailable warrant of arrest was issued against the petitioner.
b. the orders dated 15.05.2018, 18.09.2018 and 04.03.2025 by which non-bailable warrant of arrest was issued against the petitioner; and
c. the order dated 13.06.2019 by which the proclamation under Section 82 of the Code of Criminal Procedure has been issued against the petitioner.
all these orders except the order dated 15.05.2018 were passed by the learned Judicial Magistrate, Sahibganj in connection with Sahibganj (T) P.S. Case No.104 of 2013 corresponding to G.R. Case No.320 of 2013 involving the offences punishable under Section 420, 467 of the Indian Penal Code, 1860 and Section 36 AD of Banking Regulation Act and the order dated 15.05.2018 was passed by the learned Chief Judicial Magistrate, Sahibganj in connection with the said case.
3. The brief fact of the case is that the petitioner has been implicated in the said case, as an accused, in capacity of the Manager, HDFC Bank, Sahibganj. The petitioner was on bail and after that, charge-sheet was submitted by police. After submission of charge-sheet, summons was issued to the petitioner. Vide order dated 08.11.2017, without the service report of the summons issued to the petitioner, the Judicial Magistrate concerned has ordered for issuance of bailable warrant of arrest. On 15.05.2018, without Execution Report of the bailable warrant of arrest issued against the petitioner, the Judicial Magistrate to whose court by the time the case was transferred, ordered for issuance of non-bailable warrant of arrest. Vide order dated 18.09.2018, the Judicial Magistrate again directed for issuance of non-bailable warrant of arrest again against the petitioner. Vide order dated 13.06.2019, without recording any satisfaction that the petitioner is absconding or concealing himself for evading his arrest, the proclamation under Section 82 of the Code of Criminal Procedure was issued against the petitioner. Subsequently, the case of the petitioner was split up and vide order dated 04.03.2025, again for the 3rd time non-bailable warrant of arrest was issued against the petitioner by the Judicial Magistrate concerned.
4. Learned counsel for the petitioner submits that the Judicial Magistrate concerned has committed a grave illegality by issuing the bailable warrant of arrest without receipt of the service report of the summons issued to the petitioner being served upon him and without service report of the summons being received by the court concerned. Hence, it is submitted that the order dated 08.11.2017 is not sustainable in law. Learned counsel for the petitioner next submits that the learned Judicial Magistrate, Sahibganj and the Chief Judicial Magistrate, Sahibganj ought not to have issued non-bailable warrant of arrest and the proclamation under Section 82 of the Code of Criminal Procedure without having any material in the record to show that the petitioner evaded his arrest. It is next submitted that the learned Judicial Magistrate, Sahibganj and the Chief Judicial Magistrate, Sahibganj have committed a grave illegality in passing of such orders. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x2nzYJqxClAxLr%2Bly4vuumvlz6MGgPWSqDy0pHr8JnVD&caseno=Cr.M.P./914/2025&cCode=1&cino=JHHC010096372025&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
