Amitav K.Gupta,J. - (1.) The present petition has been filed under Section 482 of the Code of Criminal Procedure, for quashing the orders dated 13.12.2018 and 16.01.2019, whereby the learned Additional Chief Judicial Magistrate, Lohardaga, has ordered for issuance of non-bailable warrant of arrest, and processes under Section 82 Cr.P.C respectively, in connection with Bhandra P.S. Case No.68 of 2018.
(2.) Learned counsel for the petitioner has relied on the decision of the Supreme Court in the case of Inder Mohar Goswami Vs. State of Uttaranchal; (2007) 12 SCC 1, wherein it has been observed that prior to issuance of non- bailable warrant of arrest, the court below should strike a balance between societal interests and personal liberty and exercise its discretion cautiously. The court has also to form an opinion when it has reason to believe that the person will not voluntarily appear in court and the police authorities are unable to find the person to serve with the summons and that person could harm someone if not brought into custody. It is submitted by the learned counsel that the ratio of the aforesaid case has been reiterated by the Supreme Court in the case of Raghuvansh Dewanchand Bhasin Vs. State of Maharashtra; (2012) 9 SCC 791, and by the Single Bench of this Court in the case of Sunil Kumar Singh Vs. The State of Jharkhand; 2016 3 EastCrC 210. Learned counsel has submitted that the court below has failed to appreciate that the petitioner has been pursuing his remedy by filing the anticipatory bail and without appreciating this aspect of the matter, the order has been passed in a routine manner. It is submitted that no satisfaction has been recorded by the court below while issuing non-bailable warrant of arrest and the process under Section 82 Cr.P.C, hence, the orders deserve to be quashed and set aside.
(3.) Learned A.P.P., has submitted that no illegality or impropriety has been committed by the court below while passing the impugned orders.;