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Judgment
Heard the parties.
This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of BNSS, 2023 with the prayer for quashing and setting aside the order dated 24.06.2026 and 07.07.2026 passed by learned JMFC, Dhanbad in connection with Tisra (Alakdiha) P.S. case no. 79 of 2022 whereby and wherunder, learned Magistrate passed orders respectively for issuance of non-bailable warrant of arrest against the petitioners and directed for issuance of process under Section 82 of CrPC.
The brief facts of the case is that the petitioners are the accused persons of the said Tisra (Alakdiha) P.S. case no. 79 of 2022 inter alia involving the offences punishable under Sections 420, 414 read with Section 34 of the Indian Penal Code and Sections 4, 21 of the Mines and Minerals (Development & Regulation) Act, 1957 and Rules 9, 13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017. On 24.06.2026, the Investigating Officer of the case made a prayer for issuance of non-bailable warrant of arrest. Learned Magistrate after being satisfied that the petitioners are accused of committing a Non- bailable offence and they are absconding; as though the Investigating Officer conducted raid in their house several times but they were found absconding, directed for issuance of non bailable warrant of arrest against them, also considering that, on an earlier occasion vide order dated 25.06.2024, Non-bailable warrant of arrest was also issued against them. On 07.07.2026, the I.O. of the case filed a petition for issuance of process under Section 82 of CrPC. Learned Magistrate, after recording his satisfaction that the petitioners are absconding and evading their arrest, directed for issuance of process under Section 82 of CrPC, fixing 20.08.2026 for appearance of the accused persons in the court concerned.
It is submitted by the learned counsel for the petitioners that if the said two orders are not quashed, the petitioners will suffer substantial loss, hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed.
Learned Spl. PP on the other hand, vehemently oppose the prayer of the petitioners and submits that there is absolutely no illegality in either of the said two orders and the petitioners even did not dare to whisper a word as to how these two orders are illegal hence, it is submitted that this Criminal Miscellaneous Petition being without any merit, be dismissed.
Having heard the rival submissions made at the Bar and after going through materials available in the record, it is pertinent to mention here that so far as the order dated 24.06.2026 passed by learned JMFC, Dhanbad in connection with Tisra (Alakdiha) P.S. case no. 79 of 2022 is concerned, learned Magistrate after recording his satisfaction that the petitioners are involved in committing non- bailable offences and are absconding and evading their arrest, directed for issuance of non-bailable warrant of arrest as on earlier occasion also, non bailable warrant of arrest was issued against the petitioners, hence, this Court does do not find any illegality in the said order dated 24.06.2026 passed by learned JMFC, Dhanbad in connection with Tisra (Alakdiha) P.S. case no. 79 of 2022.
So far as the order dated 07.07.2026 passed by learned JMFC, Dhanbad in connection with Tisra (Alakdiha) P.S. case no. 79 of 2022 is concerned, learned Magistrate after recording his satisfaction, from the materials available in the record, that the petitioners are absconding and evading their arrest, has ordered for issuance of the process fixing the time and place of appearance of the accused persons of the case. Thus, this Court also do not find any illegally in the said order dated 07.07.2026 passed by learned JMFC, Dhanbad in connection with Tisra (Alakdiha) P.S. case no. 79 of 2022.
In view of the discussions made above and in the absence of any illegality in either of the two orders, this Court is of the considered view that there is no justifiable reason to accede to the prayer made in this Criminal Miscellaneous Petition in exercise of its power under Section 528 of BNSS, 2023, hence this court is of the considered view that this is not a fit case where the prayer as made in this Criminal Miscellaneous Petition by the petitioner is to be acceded to in exercise of its power under Section 528 of BNSS, 2023.
Accordingly, this Criminal Miscellaneous Petition being without any merit is dismissed.