Dismissed¶¶23

MD Abdul Kudus v. the State of Jharkhand

Jharkhand HC19 Feb 2024Cr.M.P./230/2024

Case brief

AI extract

What is this about?

Jharkhand HC (Anil Kumar Choudhary, J., 19-02-2024) Cr.M.P. No. 230 of 2024: S. 482 Cr.P.C. quashing plea against S.D.J.M. Sahibganj order dated 12.12.2023 issuing S. 82 Cr.P.C. proclamation against accused incl. Md. Abdul Kudus @ Abdul Kudus in Mirzachowki P.S. Case No.05 of 2018 / G.R. No. 38 of 2018; satisfaction re absconding/concealing accused recorded from case-diary materials, time and place of appearance fixed (16.01.2024, 10:30 am); no illegality found; petition dismissed.

What did the court decide?

The learned S.D.J.M., Sahibganj duly recorded his satisfaction that the accused persons of the case, including the petitioner, were absconding and concealing to evade their arrest. ¶¶22

MD Abdul Kudus Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the order dated 12.12.2023 passed by the learned S.D.J.M., Sahibganj, whereby a proclamation under Section 82 Cr.P.C. was issued against the accused persons including the petitioner in Mirzachowki P.S. Case No.05 of 2018 (G.R. No. 38 of 2018), suffers from any illegality and should be quashed under Section 482 Cr.P.C.

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Court's answer

The learned S.D.J.M., Sahibganj duly recorded his satisfaction that the accused persons of the case, including the petitioner, were absconding and concealing to evade their arrest.

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Ratio / Principle

The magistrate's satisfaction was recorded basing upon the materials available in the record, including the different paragraphs of the case diary as mentioned in the order itself, and the time and place for appearance of the accused persons including the petitioner was fixed.

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Key takeaways

This Court found no illegality in the order dated 12.12.2023 passed by the learned S.D.J.M., Sahibganj in connection with Mirzachowki P.S. Case No.05 of 2018, corresponding to G.R. No. 38 of 2018.ratio¶¶22

Detailed headnote1 paragraphs

Cr.M.P. No. 230 of 2024 (High Court of Jharkhand at Ranchi, Anil Kumar Choudhary, J., decided 19.02.2024) — Petition under Section 482 Cr.P.C. by Md. Abdul Kudus @ Abdul Kudus seeking quashing of the order dated 12.12.2023 of the learned S.D.J.M., Sahibganj in Mirzachowki P.S. Case No.05 of 2018 (G.R. No. 38 of 2018), whereby the magistrate, on being satisfied that the accused persons including the petitioner had absconded and were concealing themselves so that the warrant could not be executed, issued a proclamation under Section 82 Cr.P.C. fixing appearance for 16.01.2024 at 10:30 am. Held: the magistrate had in no uncertain manner recorded his satisfaction, based on the materials in the record including different paragraphs of the case diary mentioned in the order itself, and had fixed the time and place for appearance of the accused persons including the petitioner; no illegality was found in the order. Petition dismissed as without any merit.

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Cr.M.P. No.230 of 2024

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 230 of 2024

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Md. Abdul Kudus @ Abdul Kudus, aged about 65 years, son of Kamaruddin, Resident of Village- Baturbari, P.O.-Tarabari, P.S.Tarabari, Dist.-Araria (Bihar)

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.... Petitioner

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Versus

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The State of Jharkhand

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…. Opp. Party

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P R E S E N T

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HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mr. Pankaj Kr. Dubey, Advocate For the State : Mrs. Kumari Rashmi, Addl. P.P.

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By the Court:-

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Heard the parties.

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This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. to quash the order dated 12.12.2023 passed by the learned S.D.J.M., Sahibganj in connection with Mirzachowki P.S. Case No.05 of 2018, corresponding to G.R. No. 38 of 2018 whereby and where under, the learned S.D.J.M., Sahibganj on being satisfied that the accused persons of the case including the petitioner have absconded and concealing themselves so that warrant cannot be executed; issued the proclamation under Section 82 Cr.P.C. by requiring the accused persons of the case in respect of whom the proclamation was issued on 16.01.2024 at 10:30 am.

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Cr.M.P. No.230 of 2024

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It is submitted by the learned counsel for the petitioner that the allegation against the petitioner is all false. It is next submitted by the learned counsel for the petitioner that police never approached the petitioner to arrest him and the petitioner never evade his arrest. Hence, it is submitted that order dated 12.12.2023 passed by the learned S.D.J.M., Sahibganj in connection with Mirzachowki P.S. Case No.05 of 2018, corresponding to G.R. No. 38 of 2018 be quashed and set aside.

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Learned Additional Public Prosecutor on the other hand opposes the prayer for quashing the order dated 12.12.2023 passed by the learned S.D.J.M., Sahibganj in connection with Mirzachowki P.S. Case No.05 of 2018, corresponding to G.R. No. 38 of 2018 and submits that the learned S.D.J.M., Sahibganj has in no uncertain manner basing upon the materials in the record has recorded its satisfaction that the accused persons of the case including the petitioner are absconding and concealing themselves to evade their arrest and has complied all the requirements of law and also fixed the time and place for appearance of the petitioner in respect of whom the proclamation under Section 82 Cr.P.C. was issued. Hence, it is submitted that there being no illegality in the order dated 12.12.2023 passed by the learned S.D.J.M., Sahibganj in connection with Mirzachowki P.S. Case No.05 of 2018, corresponding to G.R. No. 38 of 2018, this criminal miscellaneous petition being without any merit be dismissed.

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Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that the learned S.D.J.M., Sahibganj has in no uncertain manner has recorded its satisfaction about the accused persons of the case

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Cr.M.P. No.230 of 2024

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including the petitioner are absconding and concealing to evade their arrest and has recorded its satisfaction, basing upon the materials available in the record, including the different paragraphs of the case diary; as mentioned in the order itself and has fixed the time and place for appearance of the accused persons including the petitioner. Hence, this Court do not find any illegality in the order dated 12.12.2023 passed by the learned S.D.J.M., Sahibganj in connection with Mirzachowki P.S. Case No.05 of 2018, corresponding to G.R. No. 38 of 2018.

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Accordingly, this criminal miscellaneous petition being without any merit is dismissed.

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(Anil Kumar Choudhary, J.)

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High Court of Jharkhand, Ranchi Dated the 19^th February, 2024 AFR/Sonu-Gunjan/-

MD Abdul Kudus v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

MD Abdul Kudus v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Procedural history

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