Md. Asif vs The State Of Jharkhand

Heard the parties.

This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 with the prayer to quash the order dated 15.05.2026 passed by the learned Judicial Commissioner, Ranchi in Criminal Revision No. 153 of 2026, whereby and where under, the learned Judicial Commissioner, Ranchi dismissed the criminal revision on the ground of non-prosecution as well as being barred by limitation and prayer has also been meant to quash the order dated 15.09.2022 passed by the learned Judicial Magistrate 1^st Class, Ranchi in connection with Doranda P.S. Case No. 251 of 2022, corresponding to G.R. No. 3433 of 2022, whereby and where under, the learned Judicial Magistrate 1^st Class, Ranchi passed the order for issuance of non-bailable warrant of arrest against the petitioner.

The brief fact of the case is that the petitioner is the accused of Doranda P.S. Case No. 251 of 2022 inter alia involving non-bailable offences punishable under Sections 333/34 and 353/34 of the Indian Penal Code. On 15.09.2022 the I.O. of the case made a prayer before the learned Judicial Magistrate 1^st Class, Ranchi for issuance of non-bailable warrant of arrest against the petitioner. From the record placed before the learned Judicial Magistrate 1^st Class, Ranchi, the learned Judicial Magistrate 1^st Class, Ranchi found that the petitioner is not making himself available to the police for investigation purposes for a long time and the petitioner also did not reply to the notice issued under Section 41A of Cr.P.C. From the perusal of the case diary, the learned Judicial Magistrate 1^st Class, Ranchi had reasons to believe that the petitioner is concealing himself though he has full knowledge about the case but the petitioner avoiding his presence before the Court and further being thus satisfied directed issuance of non-bailable warrant of arrest inter alia against the petitioner.

Being aggrieved by the said order, the petitioner filed Criminal Revision No. 153 of 2026 but vide order dated 15.05.2026 considering the delay of 1230 days and as no one turned up on behalf of the revisionist since filing of the criminal revision and on 15.05.2026 also no one turned up, criminal revision was dismissed for non-prosecution as well as being barred by limitation.

It is submitted by the learned counsel for the petitioner by relying upon the judgment of the Hon’ble Supreme Court of India in the case of State Through CBI vs. Dawood Ibrahim Kaskar & Ors. reported in (2000) 10 SCC 438 that in paragraph no. 24 therein, it has been observed by the Hon’ble Supreme Court of India that warrant can be issued for appearance before the Court only; so the submission made at the Bar that warrant of arrest under Section 73 of Cr.P.C. can be issued by the Court solely for the production of the accused before the police in aid of investigation was held to be not sustainable in law. It is next submitted by the learned counsel for the petitioner that the petitioner has neither being summoned by the I.O. nor he has been served with any notice under Section 41A of Cr.P.C. and in the year 2025, the petitioner came to know about the existence of the instant FIR for the first time. It is further submitted by the learned counsel for the petitioner that the petitioner is not the person against whom non-bailable warrant of arrest has been directed rather it is Md. Ashif who is the person against whom non-bailable warrant has been directed. It is then submitted by the learned counsel for the petitioner that anticipatory bail petition no. 1011 of 2025 was withdrawn by the petitioner against whom non-bailable warrant of arrest has been issued against the petitioner. It is further submitted by the learned counsel for the petitioner that after filing of the criminal revision a defect was pointed out to the extent that revision is barred by limitation of 1230 days and despite the explanation furnished by the petitioner, the learned Judicial Commissioner, Ranchi in most mechanical manner dismissed the said revision. Hence, it is submitted that the prayer as prayed for by the petitioner in this criminal miscellaneous petition be allowed.

Learned Addl. Public Prosecutor on the other hand vehemently opposes the prayer of the petitioner. It is submitted by the learned Addl. Public Prosecutor that if it is the case of the petitioner that the petitioner is not the person against whom the warrant of arrest has been issued then certainly, the petitioner has no locus standi to challenge the said order because the petitioner cannot in the same breath can say that he is aggrieved by the order of issuance of non-bailable warrant of arrest and the contrary plea that he is not the person against whom warrant of arrest has been issued. It is further submitted by learned Addl. Public Prosecutor that perusal of the impugned order dated 15.05.2026 passed in Criminal Revision No. 153 of 2026 goes to show that no one turned up on behalf of the petitioner before the learned Judicial Commissioner, Ranchi hence, the criminal revision which was hopelessly barred by limitation of 1230 days was dismissed by the learned Judicial Commissioner, Ranchi. So, there is absolutely no illegality in the said order. It is next submitted by learned Addl. Public Prosecutor that so far as the order dated 15.09.2022 passed in Doranda P.S. Case No. 251 of 2022 is concerned, in the same the learned Judicial Magistrate 1^st Class, Ranchi has in categorical terms recorded the satisfaction inter alia against the petitioner that the petitioner is concealing himself and the petitioner undisputedly involved in the case registered for non-bailable offences punishable under Sections 333/34 and 353/34 of the Indian Penal Code. It is then submitted that, no illegality has been committed by the learned Judicial Magistrate 1^st Class, Ranchi in passing order for issuance of non-bailable warrant of arrest against the petitioner. 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 carefully going through the materials available in the record, it is pertinent to mention here that so far as the impugned order dated 15.05.2026 passed by the learned Judicial Commissioner, Ranchi in Criminal Revision No. 153 of 2026 is concerned, there is absolutely no illegality in the same and unlike the submission made in the criminal revision petition, the petitioner without any rhyme or reason did not appear before the learned Judicial Commissioner, Ranchi on 15.05.2026 either in person or through his Advocate. There was delay of 1230 days in filing of the said revision. Consequent upon no one turning up on behalf of the petitioner before the revisional court and in view of the delay, the revisional court having dismissed the criminal revision, this Court do not find any illegality in the same; warranting interference of this Court in exercise of its power under Section 528 of B.N.S.S., 2023.

So far as the order dated 15.09.2022 passed by the learned Judicial Magistrate 1^st Class, Ranchi in connection with Doranda P.S. Case No. 251 of 2022, corresponding to G.R. No. 3433 of 2022 is concerned, the petitioner has not come to Court with clean hands because on the one hand the petitioner is claiming that he is not the accused person of the case in respect of whom non-bailable warrant of arrest has been issued and it is the case of mistaken identity. So, if that is true, then the petitioner has certainly no locus standi to challenge the order dated 15.09.2022, as he is not an aggrieved person by the impugned order passed by the learned Magistrate. Otherwise also, since the accused person of Doranda P.S. Case No. 251 of 2022 in respect of whom the warrant of arrest has been ordered to be issued by the learned Judicial Magistrate 1^st Class, Ranchi in connection with the said case is involved in non-bailable offences punishable under Sections 333/34 and 353/34 of the Indian Penal Code and from the materials available in the record it is crystal clear that the learned Judicial Magistrate 1^st Class, Ranchi has recorded its satisfaction that the accused persons of that case are concealing themselves and after being thus satisfied having ordered for issuance of non-bailable warrant of arrest, this Court do not find any illegality in the order dated 15.09.2022 either; warranting interference of this Court in exercise of its power under Section 528 of B.N.S.S., 2023.

Accordingly, this criminal miscellaneous petition being without any merit is dismissed.