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CDJ 2026 Jhar HC 143
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| Court : High Court of Jharkhand |
| Case No : Cr.M.P. No. 841 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE ANIL KUMAR CHOUDHARY |
| Parties : Abhishek Kumar Bhardwaj @ Abhishek Kumar Singh Versus The State of Jharkhand |
| Appearing Advocates : For the Petitioner: Nawin Kumar, Advocate. For the Respondent: Subodh kr. Dubey, Addl. P.P, Nitin Prasad, Amit Kumar, Advocates. |
| Date of Judgment : 02-04-2026 |
| Head Note :- |
Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 528 -
Comparative Citation:
2026 JHHC 9298,
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| Summary :- |
1. Statutes / Acts / Rules / Orders / Regulations, and Sections Mentioned:
- B.N.S.S., 2023
- Cr.P.C.
- Section 528 of B.N.S.S., 2023
- Section 82 of Cr.P.C.
- Section 531 of Bharatiya Nagarik Suraksha Sanhita,2023
- Section 84 of B.N.S.S., 2023
2. Catch Words:
- Quash
- Non‑bailable warrant
- Proclamation
- Procedural law
3. Summary:
- The interlocutory application for early hearing was dismissed as infructuous because the main petition was being heard.
- The petitioner sought to quash only the order dated 11.03.2026, not the earlier order dated 09.02.2026.
- The petitioner argued that, since the FIR was registered on 15.01.2026, the case falls under the Bharatiya Nagarik Suraksha Sanhita, 2023, making the use of Section 82 Cr.P.C. improper.
- The learned Additional Chief Judicial Magistrate had issued a proclamation under Section 82 Cr.P.C. against the petitioner.
- The court held that the magistrate could not exercise power under Section 82 Cr.P.C. after the FIR was registered under the B.N.S.S., 2023.
- Consequently, the order dated 11.03.2026 was quashed and set aside, with directions to pass a fresh order in accordance with law.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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I.A. No.4397 of 2026
1. Heard the parties.
2. This interlocutory application has been filed with the prayer for early hearing of this criminal miscellaneous petition.
3. Since, hearing of this criminal miscellaneous petition is taken up today, hence, this interlocutory application is disposed of being infructuous.
Cr.M.P. No. 841 of 2026
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 with the prayer to quash the orders dated 09.02.2026 and 11.03.2026 passed by the learned Additional Chief Judicial Magistrate, Latehar in connection with Chandwa P.S. Case No. 11 of 2026, whereby and where under, non-bailable warrant of arrest and proclamation under Section 82 of Cr.P.C. respectively have been issued.
3. At the outset, it is submitted by the learned counsel for the petitioner that the petitioner does not want to press the prayer to quash the order dated 09.02.2026 and confines his prayer to quash the order dated 11.03.2026.
4. Accordingly, the prayer to quash the said order dated 09.02.2026 is rejected as not pressed.
5. So far as the order dated 11.03.2026 is concerned, it is submitted by the learned counsel for the petitioner that the FIR of this case was registered on 15.01.2026 so as per Section 531 of Bharatiya Nagarik Suraksha Sanhita,2023 the procedural law applicable to the proceedings of the case is Bharatiya Nagarik Suraksha Sanhita, 2023 but even then, the order dated 11.03.2026 has been passed in exercise of the power under Section 82 of Cr.P.C. hence, the same is not sustainable in law.
6. The learned Addl. P.P. and the learned counsel for the informant on the other hand vehemently oppose the prayer and submits that the impugned order be treated as one having been passed under Section 84 of B.N.S.S., 2023. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed.
7. Having heard the submissions made at the Bar and after going through the materials available in the record, this Court has no hesitation in holding that since FIR of this case was registered on 15.01.2026, the learned Additional Chief Judicial Magistrate, Latehar ought not have exercised the power under Section 82 of Cr.P.C. while passing the impugned order dated 11.03.2026 in connection with Chandwa P.S. Case No. 11 of 2026.
8. Accordingly, the order dated 11.03.2026 passed by the learned Additional Chief Judicial Magistrate, Latehar in connection with Chandwa P.S. Case No. 11 of 2026 is not sustainable in law, the same is quashed and set aside.
9. The learned Additional Chief Judicial Magistrate, Latehar may pass a fresh order in accordance with law.
10. In the result, this criminal miscellaneous petition is allowed to the aforesaid extent only.
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