Viksal Topno 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 Bhartiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the orders dated 25.06.2024 and 02.09.2024 passed by the learned Chief Judicial Magistrate, Khunti in connection with Khunti (Mahila) P.S. Case No.06 of 2024, by which respectively the non-bailable warrant of arrest and the proclamation under Section 82 of Cr.P.C. have been directed to be issued against the petitioner; by the learned Chief Judicial Magistrate, Khunti.

Perusal of the record reveals that on 25.06.2024, the Investigating Officer filed and moved an application for issuance of the non-bailable warrant of arrest against the petitioner. The learned Chief Judicial Magistrate considered from the materials placed before it including the case-diary, that the petitioner is an accused of having committed the non-bailable offences punishable under Sections 376 (2) (n) and 313 of the Indian Penal Code and it appeared to the learned Chief Judicial Magistrate that the petitioner is evading his arrest. Hence, the learned Chief Judicial Magistrate, Khunti has directed for issuance of the non-bailable warrant of arrest against the petitioner to comply with the same.

Perusal of the order dated 02.09.2024 reveals that the Investigating Officer filed and moved an application for issuance of the proclamation under Section 82 of the Cr.P.C. and as the learned Chief Judicial Magistrate, Khunti was satisfied that the petitioner is absconding from his village and on being thus satisfied, has issued the proclamation requiring the petitioner to personally present himself on 14.10.2024 between 11.00 am to 3.00 pm, but instead of appearing before the learned Chief Judicial Magistrate, Khunti, the petitioner has filed this petition.

Learned counsel for the petitioner submits that the police has full knowledge about the workplace of the petitioner and the petitioner is a personnel of B.S.F., hence, it is submitted that the prayer, as prayed for in the instant Cr.M.P., be allowed.

Learned Addl.P.P. appearing for the State vehemently opposes the prayer of the petitioner made in the instant Cr.M.P. and submits that there is absolutely no illegality either in the order dated 25.06.2024 or in the order dated 02.09.2024 passed by the learned Chief Judicial Magistrate, Khunti in connection with Khunti (Mahila) P.S. Case No.06 of 2024 as the learned Chief Judicial Magistrate, Khunti in the order dated 25.06.2024 has recorded its satisfaction that the petitioner is an accused of a non-bailable offence and is evading his arrest and on being thus satisfied, had directed for issuance of the warrant against the petitioner and in the order dated 02.09.2024, the learned Chief Judicial Magistrate, Khunti recorded its satisfaction that the petitioner is absconding; hence, the non-bailable warrant of arrest issued against the petitioner, could not be executed and then only, by complying with the mandatory provision of law, issued the proclamation. It is lastly submitted that thus this Cr.M.P., 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 the learned Chief Judicial Magistrate, Khunti has not committed any illegality in passing either the order dated 25.06.2024 or the order dated 02.09.2024 as while passing the order dated 25.06.2024 for directing issuance of non-bailable warrant of arrest against the petitioner, the learned Chief Judicial Magistrate, Khunti has recorded its satisfaction that the petitioner is evading his arrest and he is accused of committing non-bailable offences and similarly, in the order dated 02.09.2024, the learned Chief Judicial Magistrate, Khunti has recorded its satisfaction that the petitioner is absconding and has fixed the time and place for appearance of the petitioner who is an accused person of the case.

Therefore, this Court is of the considered view that there is no justifiable reason for allowing the prayer made by the petitioner in this Criminal Miscellaneous Petition.

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