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.