IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. M.P. No. 1485 of 2018

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Jeetrai Hansda …..Petitioner
Versus
The State of Jharkhand. ….Opposite Party
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Coram: HON’BLE MR JUSTICE RONGON MUKHOPADHYAY
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For the Petitioner : Mr. Rajendra Ram Ravi Das, Advocate
For the State : APP
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05/3.10.2018 Heard the parties.
In this application, the petitioner has prayed for quashing the orders dated
11.1.2018 and 25.1.2018, passed by the learned Chief Judicial Magistrate at
Jamshedpur in connection with Sakchi P.S. Case No. 97 of 2017, by which
proclamation and process respectively under sections 82 and 83 Cr.P.C. have
been issued.
Perusal of the orders dated 11.1.2018 and 25.1.2018 do not reveal as to
whether the petitioner was evading his arrest or was concealing himself. The
primary focus of learned court below appears to be that the petitioner has not
surrendered before the learned court below and his appearance is required for
proper investigation. Nothing has been stated as to the efforts taken by the
Investigating Officer to apprehend the petitioner and therefore the impugned
orders being not in accordance with law are hereby quashed and set aside. This
application is allowed.
However, learned Magistrate is at liberty to proceed further in accordance
with law.
(Rongon Mukhopadhyay,J)
Rakesh/