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Basant Mahto vs The State Of Jharkhand on 21 February, 2019

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M. P. No. 21 of 2019

Basant Mahto, aged about 37 years son of Jhalku Mahto, resident of
village-Konbir, POPS-Basiya, District-Gumla (Jharkhand)
… … Petitioner
Versus
The State of Jharkhand … … Opposite Party
—————–

CORAM: HON’BLE MR. JUSTICE SHREE CHANDRASHEKHAR

For the Petitioner : Mr. Lukesh Kumar, Advocate
For the State : APP

——————

02/21.02.2019 The petitioner has challenged various orders. Primarily
he is aggrieved because without a report on execution of bailable
warrant of arrest which was issued on 23.01.2018, non-bailable
warrant of arrest has been issued on 26.02.2018 and thereafter
process under section 83 Cr.P.C and permanent warrant have been
issued against him.

2. The entire order-sheet in C.P. Case No. 1820 of 2011
has been brought on record.

3. After cognizance for the offence under section 406 IPC
was taken on 05.07.2013, bailable warrant of arrest was issued on
23.01.2016/23.01.2018. On the next date of hearing, the learned
Magistrate has issued non-bailable warrant of arrest and in the
margin of the order-sheet it is written “process under section 83
Cr.P.C issued”. Thereafter, on 19.03.2018 permanent warrant has
been issued against the petitioner. That was the next date of hearing
after the matter was posted on 26.02.2018.

4. The aforesaid facts which are recorded in the proceeding
of C.P. Case No. 1820 of 2011 would disclose that the learned
Magistrate has passed orders in this proceeding very casually. By no
stretch of imagination it can be anticipated that by the same order
non-bailable warrant of arrest as well as process under section 83
Cr.P.C can be issued.

-2-

5. In view of the aforesaid facts, finding serious infirmity
in the impugned orders, the orders dated 23.01.2016/23.01.2018,
26.02.2018, 19.03.2018 and 27.03.2018 are quashed.

6. Cr.M.P. No. 21 of 2019 is allowed, however, the
petitioner shall appear before the court-below within next four
weeks.

7. Let a copy of the order be transmitted to the court
concerned through FAX.

(Shree Chandrashekhar, J.)
Tanuj/-

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