Accused in a cheating case sought quashing of arrest warrant, proclamation and attachment orders, claiming ignorance of proceedings. The court found he had evaded arrest despite raids and newspaper proclamation, found no illegality in the three orders, and dismissed the petition.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.387 of 2023
Birendra Kumar Thakur @ Virendra Thakur, aged about 55 yrs. S/o Hridyanath Thakur, R/o Vill. Bhagwanpur, P.O. & P.S. Bairiya, Dist. Balia (U.P.). … Petitioner
Versus
… The State of Jharkhand Opposite Party ------ For the Petitioner : Mr. Shailesh Kr. Singh, Advocate Mr. Abhijeet Kr. Singh, Advocate Mr. P. K. Vishain, Advocate For the State : Mr. V.K. Vashistha, Spl.P.P.
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P R E S E N T
HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
By the Court:- Heard the parties.
(a) quashing the order dated 27.08.2019 whereby and where under the learned Chief Judicial Magistrate, Dhanbad has issued the warrant of arrest against the petitioner in connection with Dhanbad Bankmore P.S. Case No.859 of 2014 corresponding to G.R. No.3939 of 2014
(b) quashing the order dated 07.02.2022 wherein the learned Chief Judicial Magistrate, Dhanbad has issued the process of proclamation under Section 82 of the Code of Criminal Procedure in connection with Dhanbad Bankmore P.S. Case No.859 of 2014 and also for quashing the order dated 16.11.2022 whereby and where under the attachment order under Section 83 of the Code of Criminal Procedure against the petitioner has been issued.
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law regarding which family members of the petitioner were very much aware about and the proclamation was also made in the widely circulated newspaper also, but even then the petitioner did not surrender before the court below. Hence, the attachment order under Section 83 of the Code of Criminal Procedure was issued. There is absolutely no illegality in any of the three orders sought to be quashed by the petitioner. Accordingly, it is submitted that the criminal miscellaneous petition, being without any merit, be dismissed.
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Cr. M.P. No.387 of 2023
(Anil Kumar Choudhary, J . )
High Court of Jharkhand, Ranchi Dated the 26th of June, 2024 AFR/ Saroj
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1 issue framed by the court
Whether the warrant of arrest, proclamation under Section 82 and attachment order under Section 83 CrPC issued against the petitioner could be quashed under Section 482 CrPC.
5 provisions across 2 enactments
Birendra Kumar Thakur @ Virendra Thakur
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court