RAJLAL MAHTO @ RAJ LAL MAHTO Vs. STATE OF JHARKHAND
LAWS(JHAR)-2019-1-74
HIGH COURT OF JHARKHAND
Decided on January 31,2019

Rajlal Mahto @ Raj Lal Mahto Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

Shree Chandrashekhar, J. - (1.) The petitioners seek quashing of the order dated 24.06.2015 by which process under section 82 Cr.P.C has been issued against them.
(2.) Briefly stated, after registration of Mahuatand P.S. Case No. 74 of 2014 corresponding to G.R. No. 1315 of 2014 which was registered for the offence under section 413/414 read with section 34 IPC and section 33 of the Indian Forest Act, 1927, non-bailable warrant of arrest was issued against the petitioners on 23.01.2015. The petitioners came to this Court in W.P.(Cr.) 318 of 2015 challenging issuance of non-bailable warrant of arrest against them and the writ petition was allowed vide order dated 25.08.2015.
(3.) Contention raised on behalf of the petitioners is that once the order dated 23.01.2015 issuing non-bailable warrant against them has been quashed, the order by which process under section 82 Cr.P.C has been issued must go. The learned counsel for the petitioners submits that at the time of hearing of the writ petition this fact was not known to the petitioners that process under section 82 Cr.P.C was issued and, in fact, this fact was not disclosed by the respondent-State.;


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