MD.AKBAR KHAN@ AKBAR KHAN vs STATE OF JHARKHAND Advocate - VANDANA BHARTI — Cr.M.P./973/2026

Case under An Application U/s 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 Section 406,420,34,IPC. Disposed: Contested--Allowed on 15th April 2026.

CNR: JHHC010107742026

CASE DISPOSED

Filing Number

Cr.M.P./6985/2026

Filing Date

01-04-2026

Registration No

Cr.M.P./973/2026

Registration Date

09-04-2026

Judge

HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

Coram

HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

Bench Type

Single Bench

Category

Quashing Matter ( 206 )

Sub-Category

Quashing of Order ( 6 )

Judicial Branch

Criminal Section

Decision Date

15th April 2026

Nature of Disposal

Contested--Allowed

Acts & Sections

An Application U/s 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 Section 406,420,34,IPC

Petitioner(s)

MD.AKBAR KHAN@ AKBAR KHAN

Adv. PRAVEEN SHANKAR PRASAD,LUKESH KUMAR,LUKESH KUMAR, ,NAMASHYU KEJRIWAL,SIDHARTH SUDHANSHU,LUKESH KUMAR

Respondent(s)

STATE OF JHARKHAND Advocate - VANDANA BHARTI

Hearing History

Judge: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

15-04-2026

Fresh Filing (Admission)

Orders

15-04-2026
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

Summary: The Jharkhand High Court quashed the Judicial Magistrate's order fixing the accused's appearance date as 09.03.2026 (within 30 days from proclamation publication on 09.02.2026), holding it violated Section 82 of the Criminal Procedure Code, which mandates appearance "not less than 30 days from the date of publishing" the proclamation. The court found the magistrate committed an error by not accounting for calendar days properly and directed a fresh order in accordance with law. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Summary: The Jharkhand High Court quashed the Judicial Magistrate's order fixing the accused's appearance date as 09.03.2026 (within 30 days from proclamation publication on 09.02.2026), holding it violated Section 82 of the Criminal Procedure Code, which mandates appearance "not less than 30 days from the date of publishing" the proclamation. The court found the magistrate committed an error by not accounting for calendar days properly and directed a fresh order in accordance with law. This case analysis is maintained by casestatus.in based on publicly available court records.

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