Supreme Court - Daily Orders
Amit Kumar vs The State Of Jharkhand on 22 August, 2022
Bench: Surya Kant, Abhay S. Oka
1
ITEM NO.23 COURT NO.15 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 3335/2022
(Arising out of impugned final judgment and order dated 22-03-2022
in CRMP No. 618/2022 passed by the High Court Of Jharkhand At
Ranchi)
AMIT KUMAR Petitioner(s)
VERSUS
THE STATE OF JHARKHAND & ORS. Respondent(s)
IA No. 52238/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 52240/2022 - EXEMPTION FROM FILING O.T. IA No. 70214/2022 - EXEMPTION FROM FILING O.T. IA No. 52242/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 70212/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 22-08-2022 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE ABHAY S. OKA For Petitioner(s) Mr. Utkarsh Singh, Adv.
Md. Tauheed Arshi, Adv.
Mr. Rama Nand, Adv.
Mr. Sureshan P., AOR For Respondent(s) Mr. Vishnu Sharma, Adv.
Ms. Adya Shree Dutta, Adv.
Mr. Jayant Mohan, AOR Ms. Anupama Sharma, Adv.
Mr. Bir Inder Singh Gurm, Adv.
Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2022.08.22 17:13:11 IST Reason: 2 UPON hearing the counsel the Court made the following O R D E R The petitioner claims to have married respondent no.3 (Renu Kumari) on 10.08.2021 in the State of Uttarakhand and started residing together as husband and wife in Himachal Pradesh.
` Two days thereafter, Respondent no.3 was taken away by her relatives from the petitioner’s residence while the petitioner made his own complaint to the S.H.O. Police Station, Paonta Sahib, Himachal Pradesh, Respondent No.3 (Renu Kumari) also got registered the F.I.R. No. 0160/2021 dated 25.08.2021 at Police Station-Ontari, District- Garwa, Jharkhand.
As the petitioner failed to join the investigation in the said F.I.R. No. 0160/2021 dated 25.08.2021, non-bailable warrants have been issued against him.
We have heard learned counsel for the parties at a considerable length and gone through the records.
In our considered view, subject to the petitioner joining and fully co-operating with the on-going investigation in the F.I.R. No. 0160/2021, got registered by Respondent No.3 (Renu Kumari), it is not a case where non-bailable warrants ought to have been issued against the petitioner.
Consequently, the Special Leave Petition is allowed. The non-bailable warrants are quashed. 3 The petitioner is admitted to be released on pre-arrest bail subject to his joining and fully co-operating with investigation in the F.I.R. No. 0160/2021 dated 25.08.2021 registered against him at Police Station-Ontari, District- Garwa, Jharkhand.
The petitioner is directed to appear before the investigating officer on 03.09.2022 at 10:00 a.m. Pending application(s), if any, shall stand disposed of (NISHA KHULBEY) (PREETHI T.C.) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)