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Judgment
7 paragraphs · 301 wordsSanjay Kumar Dwivedi, J
This petition has been filed for quashing the order dated 13.8.2020 passed by learned Chief Judicial Magistrate at Dhanbad in connection with Bankmore P.S.Case No.339 of 2019 and order dated 23.09.2020 and 02.1.2021 passed by the said learned court whereby non bailable warrant of arrest and processes under section 82 as well as 83 Cr.P.C have been issued.
The learned counsel for the petitioner submits that same was without following the due procedure of law and on the application of the I.O the same has been issued. He submits that process 82 Cr.PC was not in accordance with law and it was issued without following the parameters of section 82 Cr.P.C.
The learned counsel for the respondent State submits that there is no illegality in the impugned orders.
On perusal of order dated 13.8.2020 it appears that in absence of execution report of section 41A notice the NBW was issued and the processes under section 82 and 83 were issued. All these orders have been passed by the consecutive dates. The satisfaction of the court has not been recorded. Only 41A notice issued which execution report not received and NBW and the order dated 23.09.2020 was passed under section 82 Cr.P.C is also not in accordance with law as held by this Court in the case of “Md. Rustam Alam @ Rustam and Others v. The State of Jharkhand”, 2020 (2) JLJR 712. The statutory provision are not followed. Since the first order is bad in law the subsequent order will not survive.
Accordingly, orders dated 13.8.2020, 23.09.2020 and 02.1.2021 passed by learned Chief Judicial Magistrate at Dhanbad in connection with Bankmore P.S.Case No.339 of 2019 are set aside.
The matter is remitted back to the concerned court to pass the order afresh in accordance with law.