High Court quashed orders issuing non-bailable warrant and Section 82 Cr.P.C process in a Section 498A IPC case due to violation of mandatory Section 41A Cr.P.C arrest notice provisions under Arnesh Kumar guidelines, remitting matter for afresh proceedings.
Impugned orders dated 01.03.2021 and 07.06.2021 quashed; matter remitted to concerned court.
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IN THE HIGH COURT OF JHARKHAND, RANCHI
Cr.M.P. No. 1277 of 2021
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1.Lalita Devi, age about 56 years, w/o Sanjeev Kumar Gupta, r/o Purani Bazar Main Road, Nawada PO, PS and District Nawada, State Bihar 2.Abhishek Kumar, age about 32 years, s/o Sanjeev Kumar Gupta, both resident of Purani Bzar Main Road, Nawada, PS and District Nawada, State Bihar. ….. Petitioners
-- Versus --
1.The State of Jharkhand
2.Priti Sahu, d/o Moti Sahu, w/o Abhishek Kumar, r/o Sabron Toli College Road, PO, PS and District Lohardaga …... Opposite Party
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioners :- Mr. Altamash Khan, Advocate For the State :- Mr. Ravi Prakash, Spl.PP
For the O.P.No.2 :- Mrs. Ritu Kumar, Advocate
Mr. Navin Kumar, Advocate
5 /05.10.2021 Heard Mr. Altamash Khan, the learned counsel appearing on behalf of the petitioners, Mrs. Ritu Kumar, learned counsel assisted by Mr. Navin Kumar, the learned counsel appearing on behalf of the O.P.no.2 and Mr. Ravi Prakash, the learned counsel appearing on behalf of the respondent State.
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05.01.2021 the FIR was received in the concerned court and thereafter the application of the I.O was filed on 07.01.2021 for examining the victim under section 164 Cr.P.C which was recorded later on. The entire case record has been received on 07.01.2021 and thereafter straightway by order dated 01.03.2021 non-bailable warrant has been issued without issuing any notice under section 41A Cr.P.C. The case is under section 498A IPC and it was mandatory to issue notice in terms of section 41A Cr.PC as is held by the Hon’ble Supreme Court in the case of “Arnesh Kumar v. State of Bihar and Anr.”, (2014) 8 SCC 273.
( Sanjay Kumar Dwivedi, J)
SI/
2 issues framed by the court
Whether issuance of non-bailable warrant without issuing notice under Section 41A Cr.P.C requires quashing in a Section 498A IPC case.
Whether issuance of process under Section 82 Cr.P.C survives when the preceding non-bailable warrant was illegal.
Colour shows how this judgement treated each authority
Arnesh Kumar v. State of Bihar and Anr.Relied on¶21
Arnesh Kumar v. State of Bihar and Anr., (2014) 8 SCC 273 · Who else cites this
4 provisions across 2 enactments
Lalita Devi
Abhishek Kumar
The State of Jharkhand
Priti Sahu
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
