BALKU DERE SANGA @ BALKU SANGA Vs. STATE OF JHARKHAND
LAWS(JHAR)-2019-2-48
HIGH COURT OF JHARKHAND
Decided on February 13,2019

Balku Dere Sanga @ Balku Sanga Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

Shree Chandrashekhar, J. - (1.) The petitioner seeks quashing of the order dated 13.12.2018 by which process under section 82 Cr.P.C has been issued against him.
(2.) Two-Fold contentions have been raised on behalf of the petitioner; (i) issuance of non-bailable warrant of arrest against the petitioner who is not a named accused is an arbitrary exercise of the powers under section 73 Cr.P.C and (ii) the order by which process under section 82 Cr.P.C has been issued does not reflect proper application of mind by the Magistrate.
(3.) May be the petitioner is not a named accused in Khunti P.S.Case No.44 of 2018, during the course of investigation materials on his complicity in the crime have been collected and accordingly on the basis of the supervision report non-bailable warrant of arrest has been issued against him. The First Information Report has been lodged for the offences punishable under sections 302, 201 r/w 34 IPC. It is true that the order dated 13.12.2018 is not a well-written order but then benefit of technicality cannot be extended to the accused person in a case like this. The manner of murder as disclosed in the written report discloses brutality on the part of the accused persons.;


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