Anil Kumar Singh, Aged about 43, Son of Nirshu Narayan Singh, Resident of village v. The State of Jharkhand
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.416 of 2024 ------ Anil Kumar Singh, Aged about 43, Son of Nirshu Narayan Singh, Resident of village Mathura PO and PS- Parsa, District, Chhapara Saran of Bihar. At present the petitioner is posted as Deputy Secretary Agriculture, Animal Husbandry and Cooperative in the Nepal House, P.O. and P.S.- Doranda, District- Ranchi- 834001. Versus The State of Jharkhand … Opposite Party … Petitioner For the Petitioner For the State ------
Legal Reasoning
: Mr. Rajeeva Sharma, Sr. Advocate Mr. Om Prakash, Advocate Mr. Anwar Hussain, Advocate : Mr. Bhola Nath Ojha, Spl.P.P. ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 with a prayer to quash the order dated 12.12.2023 passed by the learned A.J.C.-II-cum-Special Judge, SC/ST Act Cases, Ranchi in connection with SC/ST (Sukhdeonagar) P.S. Case No.259 of 2017 whereby and where under the learned Special Judge has directed the office clerk to issue non-bailable warrant of arrest against the petitioner. In this Criminal Miscellaneous Petition, prayer has also been made to quash the order dated 12.01.2024 passed in connection with the said case by the learned A.J.C.-II-cum-Special Judge, SC/ST Act Cases, 1 Cr. M.P. No.416 of 2024 Ranchi by which the proclamation under Section 82 of Cr.P.C. has been ordered to be issued against the petitioner. 3. The brief facts of the case is that the petitioner is an accused of the said SC/ST (Sukhdeonagar) P.S. Case No.259 of 2017 for having committed the offences punishable under Section 420, 467, 468, 471, 34 of the Indian Penal Code as well as under Section 3 (1) (x) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. On 12.12.2023, an application was filed by the Investigating Officer and it was intimated that the petitioner who is an accused of a non-bailable offence, is absconding. The learned A.J.C.-II-cum-Special Judge, SC/ST Act Cases, Ranchi taking into consideration the fact that the petitioner is absconding and evading his arrest, directed issuance of non-bailable warrant of arrest. On 12.01.2024, the learned Special Prosecutor pressed the application filed by the Investigating Officer for issuance of the proclamation under Section 82 of the Cr.P.C. On perusal of the record including the case-diary produced by the Investigating Officer it appeared to the learned A.J.C.-II-cum-Special Judge, SC/ST Act Cases, Ranchi that the petitioner is evading his arrest in the case and affecting the progress of the case, hence, on being satisfied that the petitioner is evading his arrest, the learned A.J.C.-II-cum-Special Judge, SC/ST Act Cases, Ranchi ordered for issue of the proclamation under Section 82 of Cr.P.C. directing him to appear before the said court on 12.02.2024 between 11.00 am to 01.00 pm. 4. Learned senior counsel appearing for the petitioner submits that the statement by the Investigating Officer is totally false and fabricated. The petitioner is a Deputy Collector and posted as Deputy Secretary, Agriculture, Animal Husbandry and Cooperative Department, Jharkhand. It is next 2 Cr. M.P. No.416 of 2024 submitted that the police has ulterior motive to harass the petitioner. Hence, it is submitted that the prayer, as prayed for in the instant Cr.M.P., be allowed. 5. Learned Spl.P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in the instant Cr.M.P. and submits that there is absolutely no illegality either in the order dated 12.12.2023 or in the order dated 12.01.2024. It is next submitted that the Investigating Officer of the case is also a public servant and there is no rhyme or reason as to why the Investigating Officer will make a false statement that the petitioner is absconding, if in fact, he is not absconding. Further, if the petitioner is not absconding he can very well go and appear before the Investigating Officer and co-operate with the investigation of the case but having not done so, making false allegations casting aspersions, upon the integrity of the Investigation Officer speaks volumes about the character of the petitioner, who claims to be a Government servant. It is next submitted that in W.P. (Cr.) No.18 of 2021 filed by the petitioner for quashing the entire criminal proceeding has been dismissed by a co-ordinate Bench of this Court on 29.08.2023 and though the petitioner has preferred an appeal against the said order of dismissal of the said W.P. (Cr.) No.18 of 2021 before the Hon’ble Supreme Court of India, the same was also dismissed as withdrawn. Hence, it is submitted that the petitioner is trying to evade the process of law by flaunting his power, therefore, it is submitted that this Cr.M.P., being without any merit, be dismissed. 6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, so far as the order dated 12.12.2023 is concerned, this Court finds that the learned A.J.C.-II-cum-Special Judge, SC/ST Act Cases, Ranchi after being satisfied that the petitioner is an 3 Cr. M.P. No.416 of 2024 accused of having committed non-bailable offences and is evading his arrest; has ordered for issuance of non-bailable warrant against the petitioner, for his production in the court. So, there is no illegality in the order dated 12.12.2023 passed by the learned A.J.C.-II-cum-Special Judge, SC/ST Act Cases, Ranchi. 7. Accordingly, the prayer to quash the order dated 12.12.2023 passed by the learned A.J.C.-II-cum-Special Judge, SC/ST Act Cases, Ranchi is rejected. 8. So far as the order dated 12.01.2024 passed by the learned A.J.C.-II-cum- Special Judge, SC/ST Act Cases, Ranchi is concerned, in the said order the learned A.J.C.-II-cum-Special Judge, SC/ST Act Cases, Ranchi has recorded its satisfaction that the petitioner is evading his arrest and on being so satisfied has ordered for issuance of the proclamation under Section 82 of the Cr.P.C. fixing the time and place for his appearance. 9. Therefore, this Court is of the considered view that there is no illegality in the order dated 12.01.2024 passed by the learned A.J.C.-II-cum-Special Judge, SC/ST Act Cases, Ranchi. Accordingly, the prayer to quash the order dated 12.01.2024 passed by the learned A.J.C.-II-cum-Special Judge, SC/ST Act Cases, Ranchi is rejected. 10. Accordingly, this petition, being without any merit, is dismissed. 11. In view of disposal of the instant Criminal Miscellaneous Petition,
Decision
pending interlocutory application, if any, stands disposed of being infructuous. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 18th of October, 2024 AFR/ Animesh 4 Cr. M.P. No.416 of 2024