Dismissed¶24

Animesh Mandal v. the State of Jharkhand

Jharkhand HC26 Feb 2024Cr.M.P./248/2024

Case brief

AI extract

What is this about?

Jharkhand High Court, Ranchi; Cr.M.P. No. 248 of 2024; Anil Kumar Choudhary, J.; 26.02.2024; Section 482 Cr.P.C. quashing petition; proclamation under Section 82 Cr.P.C.; order dated 10.01.2024 of A.C.J.M., Ghatshila; Ghatshila P.S. Case No.58 of 2023; absconding accused; non-bailable warrant returned by police; appearance fixed 17.02.2024; Section 376 IPC non-compoundable; joint compromise immaterial; no justifiable reason to quash; petition dismissed.

What did the court decide?

In the considered opinion of this Court, there is no justifiable reason to quash the order dated 10.01.2024 passed by the learned A.C.J.M., Ghatshila in connection with Ghatshila P.S. Case No.58 of 2023. ¶23

Animesh Mandal 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 10.01.2024 passed by the learned A.C.J.M., Ghatshila issuing the proclamation under Section 82 Cr.P.C. in Ghatshila P.S. Case No.58 of 2023 should be quashed and set aside, as prayed for by the petitioner under Section 482 Cr.P.C. +2 more

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Court's answer

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Ratio / Principle

The learned A.C.J.M., Ghatshila had duly recorded its satisfaction that the petitioner-accused was absconding and concealing himself to evade arrest, based on the requisition report of the non-bailable warrant of arrest which was returned by the police, and had mentioned the date and place for the petitioner to appear before the learned trial court.

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Detailed headnote1 paragraphs

Cr.M.P. No. 248 of 2024, High Court of Jharkhand, Ranchi (Anil Kumar Choudhary, J.; decided 26.02.2024): petition under Section 482 Cr.P.C. by Animesh Mandal @ Animesh Kumar Mandal seeking quashing of the order dated 10.01.2024 of the learned A.C.J.M., Ghatshila issuing a proclamation under Section 82 Cr.P.C. in Ghatshila P.S. Case No.58 of 2023, the offences including the non-compoundable offence under Section 376 IPC. Petitioner pleaded false allegations and a joint compromise between the parties; the Additional Public Prosecutor opposed, submitting that compromise is immaterial to a non-compoundable offence and that no illegality attended the proclamation. Holding: the magistrate had recorded satisfaction that the accused was absconding and concealing himself to evade arrest, based on the requisition report of the non-bailable warrant of arrest returned by the police, and had fixed the date (17.02.2024) and place of appearance; hence there was no justifiable reason to quash the order. Petition dismissed as without merit.

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1 Cr.M.P. No.248 of 2024

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 248 of 2024

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Animesh Mandal @ Animesh Kumar Mandal, aged about 42 years, son of late Satish Chandra Mandal, resident of Laldih, P.O. & P.S.Ghatshila, Town-Ghatshila, Dist.-East Singhbhum

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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 Petitioner : Mr. Zaid Ahmed, Advocate : Mr. Nitin Kr. Pasari, Advocate For the State : Mrs. Lily Sahay, 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. with a prayer for quashing the order dated 10.01.2024 passed by the learned A.C.J.M., Ghatshila in connection with Ghatshila P.S. Case No.58 of 2023 by which the learned A.C.J.M., Ghatshila issued the proclamation under Section 82 Cr.P.C.

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The brief fact of the case is that on 10.01.2024 a requisition was filed before the learned A.C.J.M., Ghatshila with a prayer to issue the proclamation under Section 82 Cr.P.C.

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From perusal of the record, it appeared to the learned A.C.J.M., Ghatshila that the accused of the case namely Animesh Mandal @ Animesh Kumar Mandal was absconding and concealing himself

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Cr.M.P. No.248 of 2024

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to evade his arrest and on being so satisfied the learned A.C.J.M., Ghatshila directed the petitioner to appear before the court on 17.02.2024 and issued the proclamation under Section 82 Cr.P.C.

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It is submitted by the learned counsel for the petitioner that the allegation against the petitioner are all false and peaceful settlement has been arrived at between the parties by joint compromise. Hence, it is submitted that the order dated 10.01.2024 passed by the learned A.C.J.M., Ghatshila in connection with Ghatshila P.S. Case No.58 of 2023 be quashed and set aside.

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Learned Additional Public Prosecutor opposes the prayer to quash the order dated 10.01.2024 passed by the learned A.C.J.M., Ghatshila in connection with Ghatshila P.S. Case No.58 of 2023 and submits that keeping in view the offences involved in this case which also includes the offence punishable under Section 376 of Indian Penal Code which is not compoundable in nature whether or not the parties have entered into a compromise is immaterial. It is next submitted by learned Addl. P.P. that there is no illegality committed by the learned A.C.J.M., Ghatshila in passing the order of proclamation under Section 82 Cr.P.C. Hence, it is submitted that 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, this Court finds that the learned A.C.J.M., Ghatshila has recorded its satisfaction about the petitioner-accused person of the case, absconding and concealing himself to evade his arrest based on the different paragraphs of

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3 Cr.M.P. No.248 of 2024

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the case diary as well as the requisition report of the non-bailable warrant of arrest, which was returned by the police and has mentioned the date and place for the petitioner to appear before the learned trial court, hence, in the considered opinion of this Court there is no justifiable reason to quash the order dated 10.01.2024 passed by the learned A.C.J.M., Ghatshila in connection with Ghatshila P.S. Case No.58 of 2023.

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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 26^th February, 2024 AFR/Sonu-Gunjan/-

Animesh Mandal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Animesh Mandal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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Case details

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