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High CourtsSingle Bench(2022) 02 JH CK 0035

Akash @ Akash Kumar Jha vs State Of Jharkhand

Jharkhand High Court · Decided on 21 February 2022

HON’BLE JUDGES
Sanjay Kumar Dwivedi, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition No. 2745 Of 2021

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Judgment

7 paragraphs · 335 words

Sanjay Kumar Dwivedi, J

This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

Mr. R.S. Mazundar, the learned Senior counsel appearing on behalf of the petitioner confines his prayer to the quashing of order dated 24.08.2021 passed in connection with Jugsalai P.S.Case No.92 of 2020, pending in the court of learned Judicial Magistrate, 1st Class, Jamshedpur whereby warrant of arrest has been issued against the petitioner. Mr. Mazumdar, the learned Senior counsel submits that the petitioner is an employee of the State Government and he was working as Clerk and one Surender Tiwari has made suicide and the police has implicated the Government officials working in that Block in the case. He submits that the petitioner has not received any summons and directly warrant of arrest has been issued against the petitioner.

On perusal of the impugned order, it transpires that only on the application of the I.O. the warrant of arrest has been issued against the petitioner. The petitioner is a Government employee and he is not absconding and inspite of that straight way without issuing summons and notice to be served upon the petitioner under section 41A Cr.P.C the warrant of arrest has been issued against the petitioner. It has been held by this Court at paragraph no.11 in the case of “Md. Rustam Alam @ Rustam and Others v. The State of Jharkhand”, 2020 (2) JLJR 712 that merely if non-bailable case is registered straightway warrant cannot be issued.

Accordingly, the impugned order dated 24.08.2021 passed in connection with Jugsalai P.S.Case No.92 of 2020, pending in the court of learned Judicial Magistrate, 1st Class, Jamshedpur is hereby set aside.

The matter is remitted back to the concerned court to proceed afresh in accordance with law.

Cr.M.P. No. 2745 of 2021 is disposed of.