Prakash Pandey vs State Of Jharkhand

Anil Kumar Choudhary, J

Heard the parties.

This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the B.N.S.S., 2023 with the prayer to quash the entire criminal proceeding including the orders dated 16.07.2025 and 15.09.2025 passed in connection with Saraidhela P.S. Case No. 233 of 2020 involving the offence punishable under Section 304/34 of the Indian Penal Code whereby and where under the learned Chief Judicial Magistrate, Dhanbad has respectively ordered for issuance of non-bailable warrant of arrest and the proclamation under Section 82 of the Code of Criminal Procedure against the petitioner.

Learned counsel for the petitioner submits that the allegation against the petitioner is false. The petitioner has not received any notice under Section 41A of the Code of Criminal Procedure nor is he named in the FIR. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed.

Learned Addl.P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in this Criminal Miscellaneous Petition and submits that during the investigation of the case, direct and specific allegation has been collected against the petitioner showing his complicity in the offence alleged. It is next submitted that the petitioner is absconding and though the police raided his house several times but the petitioner was found absconding from his house. It is then submitted that there is no illegality committed by the learned Chief Judicial Magistrate, Dhanbad either in issuing the non-bailable warrant of arrest vide order dated 16.07.2025 or in issuing the proclamation under Section 82 of the Code of Criminal Procedure vide order dated 15.09.2025 in connection with the said Saraidhela P.S. Case No. 233 of 2020. 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 in the order dated 16.07.2025, the learned Chief Judicial Magistrate, Dhanbad has recorded its satisfaction that the petitioner, who is the accused person of the said Saraidhela P.S. Case No. 233 of 2020, is involved in the non-bailable offence punishable under Section 304 of the Indian Penal Code and is also evading his arrest; and being thus satisfied, the learned Chief Judicial Magistrate, Dhanbad has ordered for issuance of non-bailable warrant of arrest; and vide order dated 15.09.2025 on being satisfied that the petitioner is absconding and concealing himself to evade his arrest, the learned Chief Judicial Magistrate, Dhanbad has directed for issuance of the written proclamation under Section 82 of the Code of Criminal Procedure fixing time and place for appearance of the petitioner.

Under such circumstances, this Court do not find any illegality either in the order dated 16.07.2025 or in the order 15.09.2025 passed in connection with Saraidhela P.S. Case No. 233 of 2020 by the learned Chief Judicial Magistrate, Dhanbad whereby and where under the non-bailable warrant of arrest and the proclamation under Section 82 of the Code of Criminal Procedure have respectively been issued against the petitioner by the learned Chief Judicial Magistrate, Dhanbad, warranting interference of this Court in exercise of its power under Section 528 of the B.N.S.S., 2023.

Accordingly, this Criminal Miscellaneous Petition, being without any merit, is dismissed.