RANCHI, India, Nov. 25 -- Jharkhand High Court issued the following order on Oct. 29:
1. Heard learned senior counsel appearing for the petitioner and learned counsel appearing for the ACB.
2. The instant criminal miscellaneous petition has been filed under section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing the order dated 22.08.2015 passed by learned Special Judge (ACB), Dumka in connection with Vigilance Case No. 25 of 2003 arising out of Vigilance PS Case No.23 of 2003 registered under section 409, 420, 120B of the IPC and section 13(1) (D) (i) (ii) of Prevention of Corruption Act whereby learned Special Judge (ACB), Dumka has been pleased to cancel the bail of the petitioner and directed to issue NBW against him, now pending in the court of learned Special Judge (ACB), Dumka. Prayer is also made for quashing the order dated 06.12.2016 passed by same court in connection with the same case, whereby the learned Court has been pleased to issue fresh NBW along with process under Section 82 Cr.P.C. against the petitioner, pending in the same learned Court. Prayer is also made for quashing of the order the dated 12.04.2023 passed by the that court with same case number, whereby again the learned Special Judge (ACB), Dumka has issued process under Section 82 Cr.P.C. against the petitioner, pending in the same learned Court. Next prayer is also made for quashing the order dated 23.06.2023 passed by the same Court in connection with same Vigilance Case No. 25 of 2003, whereby the learned Court has again issued fresh NBW against the petitioner and others, pending in the same Court and again prayer is also made for quashing the order dated 20.07.2024 passed by the same Court in connection with same case, whereby the learned Special Judge (ACB), Dumka has again been pleased to issue fresh NBW against the petitioner and also ordered to issue notice upon the bailors, pending in same Court.
3. Learned senior counsel appearing for the petitioner has contended that the anticipatory bail was granted in favour of the petitioner vide order dated 19.03.2004 passed in A.B.A No.226 of 2004 by a Bench of this Court. Thereafter, the charge sheet was submitted in that case on 14.11.2011, i.e., after lapse of seven years. Thereafter, the case was transferred to the jurisdiction to the Criminal Court at Dumka. He next contended that the petitioner was having no knowledge about the transfer of the said case to the Court at Dumka. However, the summons has been issued by that Court, but the said summons has not been received by the petitioner. Since there was no service report to that effect, thereafter repeatedly, fresh non-bailable warrants of arrest (NBWs) have been issued against the petitioner and the process under section 82 Cr.P.C has been issued.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x6mPZZTa%2FliEGPBSUfpOZ7tf0U8o%2FLia7fhEziYdavA7&caseno=Cr.M.P./1243/2025&cCode=1&cino=JHHC010141842025&state_code=7&appFlag=)
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