Petition filed to quash non-bailable warrant and proclamation under Section 82 Cr.P.C. Court found no illegality as records showed accused was evading arrest. Dismissed the Cr. M.P.
Prayer to quash order dated 03.09.2022 and 05.12.2022 dismissed. Criminal Miscellaneous Petition dismissed.
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Cr. M.P. No.229 of 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No.229 of 2023
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Phulwa Devi @ Phulmati Devi @ Fulwa Devi aged about 35 Years Wife of Shankar Saw resident of Village Gangapacho, Nayak Tola P.O. and P.S. Barkatha District Hazaribag … Petitioner
Versus
… The State of Jharkhand Opposite Party
For the Petitioner : Mr. Hemant Kr. Shikarwar, Advocate For the State : Mr. Manoj Kr. Mishra, Addl. P.P. ------
P R E S E N T
HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
By the Court:- Heard the parties.
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Cr. M.P. No.229 of 2023
Class, Hazaribagh that the F.I.R. named accused is fleeing from her place and evading her arrest and police could not arrest her instead of several raids. Hence, prayer for issuance of non-bailable warrant of arrest was allowed against the petitioner. On 05.12.2022, the Investigating Officer filed an application for proclamation of the process under Section 82 of the Cr.P.C. against the petitioner which was granted. The Execution Report of non-bailable warrant of arrest was attached with the petition and therein the Investigating Officer mentioned that though the Investigating Officer raided the place of accused but she was not found and police came to know that she is living out of the jurisdiction of Barkatha Police Station intentionally and is absconding and considering this fact, the learned Magistrate ordered for issuance of proclamation under Section 82 of Cr.P.C. by publishing the same in local newspaper and also by affixing a copy of the notice in the conspicuous part of house of the petitioner.
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Cr. M.P. No.229 of 2023
accused of the case involving the offences punishable under Sections 302, 201, 34 of the Indian Penal Code. It is then submitted that the Investigating Officer appeared before the learned Magistrate and produced case-diary and from other supporting documents, the learned Magistrate was satisfied that the petitioner is evading her arrest. Hence, he issued non-bailable warrant of arrest against the petitioner. Therefore, there is no illegality in the said orders dated 03.09.2022 and 05.12.2022. It is next submitted that since the Execution Report of non-bailable warrant of arrest is attached with the record of the learned Magistrate, the contention of the petitioner that the police never raided her house is out and out false and that cannot be a ground for quashing the proclamation made under Section 82 of Cr.P.C. Hence, it is submitted that this Cr.M.P., being without any merit, be dismissed.
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said order dated 05.12.2022. Accordingly, this Court is of the considered view that this is not a fit case where the jurisdiction of this Court under Section 482
of Cr.P.C. is to be exercised.
(Anil Kumar Choudhary, J . )
High Court of Jharkhand, Ranchi Dated the 11th of May, 2023 AFR/ Animesh
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2 issues framed by the court
Whether the High Court should quash the order of non-bailable warrant and proclamation under Section 82 Cr.P.C. when records show the accused is evading arrest.
Whether the failure to communicate the orders to the petitioner constitutes grounds to quash them under Section 482 Cr.P.C.
3 provisions across 2 enactments
Phulwa Devi
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court