Om Prakash Singh Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

Om Prakash Singh Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the order dated 23.01.2019 of the learned J.M.F.C., Dhanbad declaring the petitioner as permanent absconder; application allowed; pending I.A., if any, disposed of.

Issue for consideration

Whether the order dated 23.01.2019 of the learned J.M.F.C., Dhanbad declaring the petitioner as absconder and ordering issuance of permanent warrant is sustainable, where processes under sections 82 and 83 Cr.P.C. were ordered and the petitioner was declared absconder without receipt of execution reports.

Ratio / Principle

Despite non-receipt of the execution report of the non-bailable warrant of arrest, process under section 82 Cr.P.C. was issued on 29.07.2015, and despite non-issuance of the execution report of the section 82 process, the learned Magistrate ordered processes under section 83 Cr.P.C. on 05.01.2018.

Key takeaways

Without the receipt of the execution reports of the processes under sections 82 and 83 Cr.P.C., the petitioner has been declared absconder; the order of the learned Magistrate directing issuance of process under sections 82 and 83 Cr.P.C. and declaring the petitioner as absconder is gross abuse of process of law.ratio¶14
Accordingly, the order dated 23.01.2019 passed by the learned J.M.F.C., Dhanbad in connection with Katras P.S. Case No. 135 of 2006 (G.R. No. 1188 of 2006), declaring the petitioner as permanent absconder, is quashed.ratio¶15

Detailed headnote1 paragraphs

Cr. M.P. No. 710 of 2025 (High Court of Jharkhand at Ranchi; Ambuj Nath, J.; decided 24.07.2025): Petitioner Om Prakash Singh applied for quashing of the order dated 23.01.2019 of the learned J.M.F.C., Dhanbad in Katras P.S. Case No. 135 of 2006 (Corresponding to G.R. No. 1188 of 2006; registered under sections 325/384/323/34 IPC), whereby he was declared absconder and a permanent warrant was ordered. The record showed: NBW execution report not received as at 29.06.2015; process under section 82 Cr.P.C. issued on 29.07.2015 without that execution report; processes under section 83 Cr.P.C. ordered on 05.01.2018 without the section 82 execution report; and the petitioner declared absconder without receipt of execution reports of the section 82 and 83 processes. Held: such orders of the learned Magistrate constitute gross abuse of process of law; the order dated 23.01.2019 declaring the petitioner as permanent absconder was quashed; the application was allowed and pending I.A., if any, disposed of.

 2025:JHHC:20311

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. M.P. No. 710 of 2025

Om Prakash Singh, aged about 50 years, Son of Late Madan Singh, Resident of Rani Talab Laxminia More, Behind Agrasen Bhawan,

P.O. & P.S. – Jharia & District - Dhanbad.

The State of Jharkhand ... … Opposite Party

CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH

For the Petitioner : M/s. Pratik Sen, Advocate : M/s. Ankit Burman, Advocate For the State : M/s. Kumari Rashmi, AP.P.

05/24.07.2025 Heard the parties.

The petitioner has filed this application for quashing of order dated 23.01.2019, passed by the learned J.M.F.C. Dhanbad in connection with Katras P.S. Case No. 135 of 2006, Corresponding to G. R. No. 1188 of 2006, registered under sections 325/ 384/ 323/34 of the Indian Penal Code, whereby and wherein the learned Magistrate has declared the petitioner as absconder and ordered for issuance of permanent warrant against him.

Attention has been drawn towards the order dated 29.06.2015, from the perusal of which, it appears that the learned Court has not received the execution report of non-bailable warrant of arrest. It further appears that on 29.07.2015, despite of nonreceipt of execution report of non-bailable warrant of arrest process under section 82 Cr.P.C. was issued and it further appears that despite of non-issuance of execution report of process under section 82 Cr.P.C., learned Magistrate ordered for issuance of processes under section 83 Cr.P.C. on 05.01.2018 and finally without the receipt of the execution reports of processes under section 82 and 83 Cr.P.C, the petitioner has been declared absconder The order of the learned Magistrate directing for issuance of process under sections 82 and 83, Cr.P.C and order passed by him declaring the

petitioner as absconder is gross abuse of process of law.

Accordingly, order dated 23.01.2019, passed by the learned J.M.F.C., Dhanbad in connection with Katras P.S. Case No. 135 of 2006, Corresponding to G. R. No. 1188 of 2006 declaring the petitioner as permanent absconder, is hereby quashed.

This application is allowed.

Pending I.A., if any, also stands disposed of.

(Ambuj Nath, J.)

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