Mahesh Murmu, aged about 27 years S/o Lacchu Murmu r/o Tola Manpur, PO PS v. The State of Jharkhand
Case Details
Cr. M.P. No.1651 of 2023 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1651 of 2023 ------ Mahesh Murmu, aged about 27 years S/o Lacchu Murmu r/o Tola Manpur, PO PS Manpur, District Bokaro … Petitioner Versus The State of Jharkhand … Opposite Party For the Petitioner For the State ------ : Mr. Sidhartha Roy, Advocate : Ms. Priya Shrestha, Spl. P.P. ------ P R E S E N T
Legal Reasoning
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 with a prayer to quash the order dated 19.11.2022 passed by the Sessions Judge, Bokaro in Criminal Revision No.106 of 2022 whereby and where under the learned Sessions Judge, Bokaro has dismissed the Criminal Revision No.106 of 2022 which was filed for challenging the order dated 23.11.2021 by which the proclamation under Section 82 of Cr.P.C. was issued and also to quash the order dated 09.06.2020 passed by the learned A.C.J.M, Bermo at Tenughat whereby and where under the learned A.C.J.M, Bermo at Tenughat has issued non-bailable warrant of arrest against the petitioner in connection with Bokaro Thermal P.S. Case No.05 of 2020 corresponding to G.R. No.39 of 2020 registered for the offence punishable under Section 379 of the Indian Penal Code. 3. Perusal of the record reveals that on 23.11.2021 in Bokaro Thermal P.S. Case No.05 of 2020 corresponding to G.R. No.39 of 2020; a petition was filed by the Investigating Officer of the case before the learned A.C.J.M, Bermo at Tenughat for issuance of proclamation under Section 82 of Cr.P.C. inter alia 1 Cr. M.P. No.1651 of 2023 against the petitioner. The learned A.C.J.M, Bermo at Tenughat considered that vide order dated 09.06.2020 warrant of arrest was issued inter alia against the petitioner but as the petitioner and other co-accused persons of the case are evading their arrest, they could not be arrested by the Investigating Officer as is evident from different paragraphs of the case-diary. The learned A.C.J.M, Bermo at Tenughat further considered that even though there was continuous efforts made by the Investigating Officer of the case to secure appearance by conducting successive raids at the house of the petitioner and other accused persons but on all occasions accused persons were found to be absent and found to be evading themselves from arrest, hence, being satisfied, the learned A.C.J.M, Bermo at Tenughat issued proclamation under Section 82 of the Cr.P.C. and directed the petitioner and other co-accused persons in respect of which proclamation under Section 82 of Cr.P.C. was issued, to appear before its court on 24.01.2022 at 10:30 am. The petitioner filed Criminal Revision No.106 of 2022 before the learned Sessions Judge, Bokaro. The learned Sessions Judge, Bokaro found that there is no illegality in the order passed by the learned A.C.J.M, Bermo at Tenughat and also noted that the process under Section 82 of Cr.P.C. has also been issued by the learned A.C.J.M, Bermo at Tenughat and finding no illegality, dismissed the said Criminal Revision No.106 of 2022. 4. So far as the order dated 09.06.2020 is concerned, perusal of the same reveals that the petitioner is an accused of Bokaro Thermal P.S. Case No.05 of 2020 corresponding to G.R. No.39 of 2020 involving the offence punishable under Section 379 of the Indian Penal Code. From the case-diary it appeared to the learned A.C.J.M, Bermo at Tenughat that the petitioner was evading his arrest and in spite of repetitive raids conducted by the police, he could not be 2 Cr. M.P. No.1651 of 2023 apprehended. Considering the said facts, the learned A.C.J.M, Bermo at Tenughat finding the petitioner and other co-accused persons not co-operating with the investigation and evading their arrest, allowed the prayer of the Investigating Officer and directed to issue non-bailable warrant of arrest against the petitioner. 5. Learned counsel for the petitioner submits that the petitioner was not aware about institution of the F.I.R. and about his complicity in the said case until the proclamation under Section 82 of Cr.P.C. was issued against him vide order dated 23.11.2021 and inadvertently the order by which the warrant of arrest was issued dated 09.06.2020 could not be challenged by the petitioner in the revision application. It is next submitted that no notice under Section 41 A of Cr.P.C. was issued against him at any point of time and the learned A.C.J.M, Bermo at Tenughat in a mechanical manner, without looking into this aspect, has issued non-bailable warrant of arrest. Hence, it is submitted that the order dated 19.11.2022 passed by the Sessions Judge, Bokaro in Criminal Revision No.106 of 2022 whereby and where under the learned Sessions Judge, Bokaro has dismissed the Criminal Revision No.106 of 2022 which was filed for challenging the order dated 23.11.2021 by which the proclamation under Section 82 of Cr.P.C. was issued and also the order dated 09.06.2020 passed by the learned A.C.J.M, Bermo at Tenughat whereby and where under the learned A.C.J.M, Bermo at Tenughat has issued non-bailable warrant of arrest against the petitioner in connection with Bokaro Thermal P.S. Case No.05 of 2020 corresponding to G.R. No.39 of 2020, be quashed and set aside. 6. Learned Spl.P.P. appearing for the State vehemently opposes the prayer for quashing the order dated 19.11.2022 passed by the Sessions Judge, Bokaro 3 Cr. M.P. No.1651 of 2023 in Criminal Revision No.106 of 2022 whereby and where under the learned Sessions Judge, Bokaro has dismissed the Criminal Revision No.106 of 2022 which was filed; challenging the order dated 23.11.2021 by which the proclamation under Section 82 of Cr.P.C. was issued and also the order dated 09.06.2020 passed by the learned A.C.J.M, Bermo at Tenughat whereby and where under the learned A.C.J.M, Bermo at Tenughat has issued non-bailable warrant of arrest against the petitioner in connection with Bokaro Thermal P.S. Case No.05 of 2020 corresponding to G.R. No.39 of 2020. It is submitted by the learned Spl.P.P. that in the order dated 09.06.2020, the learned A.C.J.M, Bermo at Tenughat has categorically stated that since the petitioner and the co-accused persons were evading their arrest and the petitioner was involved in a case registered for a non-bailable offence, the learned A.C.J.M, Bermo at Tenughat has rightly issued the non-bailable warrant of arrest. Accordingly, there is no plausible reason as to why the said order be quashed. 7. So far as the order dated 19.11.2022 passed in Criminal Revision No.106 of 2022 is concerned, learned Spl.P.P. appearing for the State submits that in this Criminal Miscellaneous Petition; not a single word has been mentioned as to why the said order passed by the learned Sessions Judge, Bokaro be quashed and set aside. It is next submitted that there is neither any illegality in the order dated 23.11.2021 passed by the learned A.C.J.M, Bermo at Tenughat by which the proclamation under Section 82 of Cr.P.C. was issued against the petitioner nor in the order dated 19.11.2022 passed by the Sessions Judge, Bokaro in Criminal Revision No.106 of 2022. Hence, it is submitted that this Cr.M.P. being without any merit, be dismissed. 4 Cr. M.P. No.1651 of 2023 8. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention that undisputedly, the petitioner is an accused of a non-bailable offence punishable under Section 379 of the Indian Penal Code. There is ample material in the record to suggest that the petitioner was evading his arrest as is evident from the case-diary which was placed before the learned A.C.J.M, Bermo at Tenughat. Under such circumstances, this Court does not find any illegality in the order dated 09.06.2020 passed by the learned A.C.J.M, Bermo at Tenughat in issuing the non-bailable warrant of arrest. Accordingly, the prayer to quash the said order dated 09.06.2020 passed by the learned A.C.J.M, Bermo at Tenughat is rejected. 9. So far as the order dated 19.11.2022 passed by the Sessions Judge, Bokaro in Criminal Revision No.106 of 2022 is concerned; there is absolutely no illegality in the said order. The learned A.C.J.M, Bermo at Tenughat in its order dated 23.11.2021 in connection with Bokaro Thermal P.S. Case No.05 of 2020 corresponding to G.R. No.39 of 2020 has categorically recorded his satisfaction that the petitioner is evading his arrest and on being satisfied it has issued the proclamation under Section 82 of Cr.P.C. fixing the time and place for the accused persons/petitioner to appear before it. Under such circumstances, this Court also does not find any illegality in the order dated 19.11.2022 passed by the Sessions Judge, Bokaro in Criminal Revision No.106 of 2022, either. 10. Accordingly, the prayer to quash and set aside the order dated 19.11.2022 passed by the Sessions Judge, Bokaro in Criminal Revision No.106 of 2022 whereby and where under the learned Sessions Judge, Bokaro has dismissed the Criminal Revision No.106 of 2022 which was filed challenging the order 5 Cr. M.P. No.1651 of 2023 dated 23.11.2021 by which the proclamation under Section 82 of Cr.P.C. was issued and also the order dated 09.06.2020 passed by the learned A.C.J.M, Bermo at Tenughat whereby and where under the learned A.C.J.M, Bermo at Tenughat issued non-bailable warrant of arrest against the petitioner in connection with Bokaro Thermal P.S. Case No.05 of 2020 corresponding to G.R. No.39 of 2020, is rejected. 11. Accordingly, this Cr.M.P., being without any merit, is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 21st of September, 2023 AFR/ Animesh 6