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2019 DIGILAW 596 (JHR)

Shahnawaz Nayyer @ Sehnawaz Naiyar Ansari @ Sehnawaz Naiyar Son Of Late Md Akbar Ansari v. State Of Jharkhand

2019-02-28

AMITAV K.GUPTA

body2019
JUDGMENT Amitav K. Gupta, J. - This petition has been filed for quashing the orders dated 16.02.2018 and 22.03.2018 whereby warrant of arrest and the processes under Section 82 Cr.P.C., respectively have been issued against the petitioners on the petition of the Investigating Officer. 2. Learned counsel for the petitioners has submitted that it would be evident from the order-sheet dated 16.02.2018 that without issuing notice, as required under Section 41(a) Cr.P.C, the warrant of arrest was issued against the petitioners. That the said warrant of arrest was returned but there is no recording of subjective satisfaction by the court below for issuance of processes under Section 82 Cr.P.C. against the petitioners. 3. Learned A.P.P. has submitted that the impugned orders do not require any interference as the warrant of arrest was issued when the petitioners failed to appear in the court below. The processes under Section 82 Cr.P.C was issued on the petition filed through the learned A.P.P. by the Investigating Officer and the learned court below has recorded the finding that the service report of warrant of arrest was enclosed with the petition. This itself amounts to recording of satisfaction by the court below whereafter the office was directed to issue processes under Section 82 Cr.P.C. 4. Having heard learned counsel for the petitioner and the State and on going through the impugned order it would be evident that though warrant of arrest was issued but no satisfaction was recorded by the court below that the petitioners were evading their arrest or concealing themselves. The court below has observed that the service report of warrant of arrest is enclosed with the petition filed by the Investigating Officer but no cogent reason has been assigned by the court for recording its satisfaction for issuance of processes under Section 82 Cr.P.C. Accordingly, impugned orders dated 16.02.2018 and 22.03.2018 are set aside. The court below shall take fresh steps for issuance of warrant of arrest against the petitioners. 5. The petition stands disposed off.