Absence of Material to Suggest Evasion of Arrest Renders Non-Bailable Warrant Unsustainable”: Jharkhand High Court Sets Aside Orders Against Julekha Khatoon

The Jharkhand High Court, under the bench of Hon’ble Mr. Justice Anil Kumar Choudhary, quashed three pivotal orders against Julekha Khatoon, including a non-bailable warrant. The Court highlighted the lack of evidence indicating the petitioner’s evasion of arrest and non-fulfillment of mandatory legal prerequisites.

The petition, Cr.M.P. No. 4551 of 2022, was filed by Julekha Khatoon against the State of Jharkhand. It challenged the legality of the orders dated January 4, 2016, February 23, 2016, and March 31, 2016, issued by the learned SDJM, Dhanbad, which involved a non-bailable warrant, a proclamation under Section 82, and an order for attachment of property under Section 83 of the Cr.P.C.

Justice Choudhary scrutinized the submissions and underlying facts. He notably observed, “There is absolutely no material in the record, to suggest that the petitioner is evading his arrest.” Regarding the issuance of the proclamation under Section 82, the Court underscored the necessity of recording satisfaction that the accused is absconding or concealing to evade arrest, which was absent. The order for property attachment was also found legally infirm due to the lack of a detailed description of the property and absence of recorded reasons.

The judgment revolved around the procedural and substantive aspects of Sections 73, 82, and 83 of the Criminal Procedure Code (Cr.P.C.), emphasizing stringent adherence to legal norms before issuing warrants, proclamations, or attachment orders.

Decision: Justice Choudhary annulled all three challenged orders, citing their unsustainable nature in law, and instructed the lower court to reissue orders in compliance with legal standards.

Date of Decision: January 5, 2024.

Julekha Khatoon vs. The State of Jharkhand