Allowed

MD Gufran Anjum v. The State Of Jharkhand And Anr.

Jharkhand HC12 May 2015Cr.M.P./2930/2014

Case brief

AI extract

What is this about?

Justice Prashant Kumar allowed the petition to quash the Non-Bailable Warrant issued by the SDM Madhupur under Section 82 CrPC. The court held that since reasons were not assigned initially and the petitioner was willing to appear with sufficient time, the warrant was quashed.

What did the court decide?

Quashing of the impugned orders dated 19.07.2014 and 11.10.2014 and direction to surrender within 15 days.

MD Gufran Anjum Vs The State Of Jharkhand And Anr. — Bail and Remand | Jharkhand HC (2015)

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IN THE HIGH COURT OF JHARKHAND, RANCHI

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Cr. M.P. No. 2930 of 2014

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Md. Gufran Anjum son of Abdul Gaffar, resident of Hussainpur, near Gousiya Masjid, P.O. Bhagalpur City, P.S. Mojahidpur, District Bhagalpur (Bihar)

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... ... ... Petitioner Versus

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1.The State of Jharkhand 2.Farhana Tabassum wife of Gufran Anjum, daughter of Ibrahim, residing at Abdul Aziz Road, Near Urdu Girls High School, Patharchapti,Madhupur, P.O. and P.S. Madhupur, District Deoghar

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... ... ... Opp. Parties

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CORAM: THE HON’BLE MR. JUSTICE PRASHANT KUMAR

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............

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For the Petitioner : Mr. Md. Sohail Anwar, Sr. Advocate Mr. Afaque Ahmed For the State : Mr. Nagmani Tiwari, A.P.P. For the O.P. No. 2 Mr. Arvind Kumar Choudhary, Advocate

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2/12.05.2015

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This application has been filed for quashing the orders dated 19.07.2014 and 11.10.2014 passed by S.D. J. M. Madhupur, in G.R. No. 431 of 2014, corresponding to Madhupur P.S. Case No. 228 of 2014, whereby and whereunder he issued non bailable warrant of arrest and process under Section 82 of the Cr. P.C. against the petitioner.

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It is submitted by Sri Sohail Anwar, learned senior counsel appearing for the petitioner that while passing the aforesaid orders, learned court below had not assigned any reason. He further submits that as per the judgment of Hon'ble Supreme Court, reported in 2012 (9) S.C. C. page 791 it is imperative for the court below to give reason for issuance of non bailable warrant of arrest. Since in this case no reason given, therefore, impugned orders cannot be sustained.

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Shri A.K. Choudhary, learned counsel appearing for the informant/opposite party No. 2 submits that after passing of aforesaid orders, petitioner has filed application for recall of the same, but said application has already been dismissed by the court below on 20.11.2014 and in that order the learned court below had given detailed reason as to why it had issued warrant of arrest and process under Section 82 of the Cr. P.C.

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The learned counsel for the petitioner submits that petitioner is ready to appear in the case, if sufficient time be given to

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him. To the aforesaid prayer, learned counsel for the informant has no objection.

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In view of the aforesaid facts and circumstance, I allow this application and quash the impugned orders dated 19.07.2014 and 11.10.2014 passed by S.D. J. M. Madhupur, in G.R. No. 431 of 2014 corresponding to Madhupur P.S. Case No. 228 of 2014 and direct the petitioner to surrender in the court below within 15 days from today.

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If petitioner will not surrender by the time stipulated hereinabove, the learned court below will presume that petitioner is absconder and then it is open for the court to issue processes against the petitioner for his appearance.

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(Prashant Kumar, J.)

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Binit

MD Gufran Anjum v. The State Of Jharkhand And Anr.

Case brief

What is this about?

What did the court decide?

MD Gufran Anjum v. The State Of Jharkhand And Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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