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Jharkhand High Court

Hasina Khatun @ Sakina Bibi vs The State Of Jharkhand ... Opp. Party on 5 March, 2025

Author: Ambuj Nath

Bench: Ambuj Nath

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Cr. M.P. No. 849 of 2023

      Hasina Khatun @ Sakina Bibi, aged about 45 years, W/o Khalil Ansari, R/o
      55 B.B.C. Road, Rangamati, P.O.- Isri Bazar, P.S.- Nimiyaghat, District-
      Giridih (Jharkhand)                                 ... Petitioner
                             - Versus -
      The State of Jharkhand                              ... Opp. Party
                              ------

CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

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For the Petitioner : Md. Ayub Ansari, Advocate For the State : Mrs. Priya Shrestha, Spl.P.P.

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07/05.03.2025 Heard the parties.

The petitioner has filed this application for quashing of order dated 23.11.2021 and order dated 14.03.2022 in connection with Nimiyaghat P.S. Case No.78 of 2021 passed by the learned Judicial Magistrate, 1st Class, Giridih registered for the offences under Sections 304B/34 of the I.P.C., whereby and wherein, the learned Judicial Magistrate, 1st Class, Giridih as order for issuance of process under Sections 82 Cr.P.C. and 83 Cr.P.C. respectively.

From the perusal of the order dated 14.03.2022, it appears that on the application filed on behalf of the investigating officer stating therein that he has gone to arrest the petitioner thrice, but petitioner has avoided his arrest, proclamation order under Section 82 Cr.P.C was issued. It further appears that after receipt of execution report of process issued under Section 82 Cr.P.C. that the petitioner was removing movable and immovable properties order under Section 83 Cr.P.C. was passed I do not find any illegality in the order passed by the learned Judicial Magistrate, 1st Class, Giridih issuing proclamation order under Section 82 Cr.P.C. or issuing the attachment order under Section 83 Cr.P.C.

Accordingly, this Cr.M.P. is dismissed. Pending, I.A. if any, stands disposed of.

(Ambuj Nath, J.) Jay/-