SHAHNAWAZ NAYYER @ SEHNAWAZ NAIYAR ANSARI Vs. STATE OF JHARKHAND
LAWS(JHAR)-2019-2-93
HIGH COURT OF JHARKHAND
Decided on February 28,2019

Shahnawaz Nayyer @ Sehnawaz Naiyar Ansari Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

Amitav K. Gupta, J. - (1.) 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.;


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