Anita Devi vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Heard Mr. Mahesh Tewari, learned counsel for the petitioner and Mrs. Vandana Bharti, learned A.P.P. for the State.

This petition has been taken 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.

The defects are ignored.

This petition has been filed for quashing the order dated 24.11.2021 passed in Basal P.S. Case No.21 of 2021, pending in the court of the learned

Judicial Magistrate, Ramgarh, by which the process under Section 82 Cr.P.C. has been issued against the petitioner.

Mr. Tewari, learned counsel for the petitioner submits that the order dated 24.11.2021 has been passed on the strength of the order dated

23.09.2021. He further submits that the order dated 23.09.2021 is itself bad in law. By way of placing the order dated 23.09.2021, he submits that

there is no finding to the effect that the petitioner was tried to evade. He also submits that the police is already having power to arrest any person in

absence of bail or in absence of warrant of arrest also. He further submits that the petitioner has earlier availed the remedy under the Cr.P.C. and she

has filed A.B.P. No.494 of 2021, which was rejected on 17.11.2021 and vide order dated 24.11.2021, the process under Section 82 Cr.P.C. has been

directed to be issued against the petitioner and she was not able to avail the remedy to file anticipatory bail application before the High Court.

Mr. Vandana Bharti, learned A.P.P. for the State submits that the order dated 24.11.2021 is well founded order and no interference is required by

this Court.

The Court has perused the order dated 23.09.2021 whereby non-bailable warrant has been directed to be issued against the petitioner. There is no

finding of the concerned court about evading of arrest by the petitioner. The petitioner has earlier availed the remedy under the Cr.P.C. and she has

filed A.B.P. No.494 of 2021 before the court below, which was rejected on 17.11.2021 and vide order dated 24.11.2021, process under Section 82

Cr.P.C. has been directed to be issued against the petitioner. The petitioner has not been able to avail further remedy in view of that order. It is well

settled that if the remedy is available to the petitioner under the Cr.P.C., liberty is not required to be taken in such a way. The said anticipatory bail

petition of the petitioner was rejected on 17.11.2021, copy of which was received in the court below on 24.11.2021 and vide order dated 24.11.2021,

process under Section 82 Cr.P.C. has been directed to be issued against the petitioner on the same day and liberty of the petitioner has been taken

away, as provided under the Cr.P.C.

Accordingly, the impugned order dated 24.11.2021 passed in connection with Basal P.S. Case No.21 of 2021, pending in the court of the learned

Judicial Magistrate, Ramgarh is, hereby, set aside. The matter is remitted back to the concerned court to proceed afresh, in accordance with law.

Accordingly, this petition stands allowed and disposed of.