The High Court quashed the impugned order dated 01.10.2016 passed by the S.D.J.M., Jamtara, which issued a non-bailable warrant against the petitioner, for lacking subjective satisfaction.
Impugned order dated 01.10.2016 quashed and set aside.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2440 of 2016
Ainul Khan, S/o Sahbaj Khan, R/o Village- Kusmaha, P.O. & P.S.Palajori, District- Deoghar. ... … Petitioner
Versus
The State of Jharkhand ... … Opposite Party
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
--------- For the Petitioner : Mr. Kaushik Sarkhel, Advocate For the State : Mr. A.K. Pandey, A.P.P. ---------
04/08.02.2017 Heard Mr. Kaushik Sarkhel, learned counsel for the petitioner and Mr. A.K. Pandey, learned A.P.P. for the State.
In this application, the petitioner has prayed for quashing of the orders dated 16.09.2016 and 01.10.2016 passed by the learned S.D.J.M., Jamtara in connection with Kundahit (Bagdohri) P.S. Case No. 11 of 2015, corresponding to G.R. Case No. 215(A)/2015, whereby and whereunder non-bailable warrant of arrest and proclamation u/s 82 Cr.P.C. have been ordered to be issued.
At the outset it has been submitted by the learned counsel for the petitioner that he is confining his argument only with respect to the challenge which has been made to the order dated 01.10.2016 passed by the learned S.D.J.M., Jamtara. The impugned order dated 01.10.2016 does not reflect subjective satisfaction on the part of the learned Magistrate as merely on the requisition of the Investigating Officer such prayer has been acceded to and coercive steps has been ordered to be taken against the petitioner. In absence of any cogent reason the impugned order dated 01.10.2016 passed by the learned S.D.J.M., Jamtara in connection with Kundahit (Bagdohri) P.S. Case No. 11 of 2015, corresponding to G.R. Case No. 215(A)/2015, is hereby, quashed and set aside.
This application is allowed to the extent mentioned herein above.
However, the learned S.D.J.M., Jamtara is at liberty to proceed further in accordance with law.
(R. Mukhopadhyay, J.)
Alok/-
2 issues framed by the court
Whether the order passing non-bailable warrant requires subjective satisfaction by the Magistrate.
Whether the order is liable to be quashed in the absence of cogent reasons.
Ainul Khan
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
