Patna High Court
Case Details
Patna High Court CR. WJC No.30 of 2010 (25) dt.19-03-2013 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.30 of 2010 ==================================================== Arvind Kumar , S/o Sri Balmiki Ram, R/o village-Naghar, P.O. Bikram, District-Patna. .... .... Petitioner. 1.The State Of Bihar Versus 2. The District Magistrate, Begusarai. 3. D.D. C. Begusarai. 4. Block Development Officer, Bakhri Block, Begusarai. 5. The Superintendent of Police, Begusarai. 6. The Officer-in-charge, Bakhri. .... .... Respondents. With Criminal Writ No.653 of 2011 ==================================================== Ramjapo Yadav, S/o Sonelal Yadav, Resident of Village-Pathai, P.S.- Khodawanpur, District-Begusarai. .... .... Petitioner. 1.The State Of Bihar Versus 2. The District Magistrate, Begusarai. 3. D.D. C. Begusarai. 4. Block Development Officer, Bakhri Block, Begusarai. 5. The Superintendent of Police, Begusarai. 6. The Officer-in-charge, Bakhri. ……….. Respondents. ==================================================== Appearance : (In CR. WJC No.30 of 2010)
Legal Reasoning
For the Petitioner/s : Mr. Sandeep Kumar, Advocate. Mr. Rakesh Kumar Sinha, Advocate. For the Respondent/s : Mr. A. C. to G.P. 20 (In CR. WJC No.653 of 2011) Patna High Court CR. WJC No.30 of 2010 (25) dt.19-03-2013 2 For the Petitioner/s : Mr. N. K. Agarwal, Sr. Advocate. Mr. Binod Kumar, Advocate. For the Respondent/s : Mr. S.P. Parasar, A.C. to G.P. 21. ==================================================== CORAM: HON’BLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA
Decision
O R D E R 25 19-03-2013 Heard learned counsels for the petitioners as well as learned A.C. to G.P. 20 and perused the record. This order shall dispose of Cr. W.J.C. No. 30 of 2010 as well as Cr. W. J.C. No. 653 of 2011. Petitioners have filed the above-said writ applications for quashing the order dated 25-03-2009 passed by learned Chief Judicial Magistrate, Begusarai by which, he ordered to issue warrant of arrest against the petitioners, on the prayer of investigating officer of Bakhri P.S. Case No. 44 of 2003. Bakhri P.S. Case No. 44 of 2003 was registered for the offences under Sections-467, 471, 420, 409/34 of the Indian Penal Code against petitioners and other persons on 26-07-2003 and in course of investigation, the Dy. S.P. supervised the case and found the allegations untrue in respect of the petitioners and, accordingly, he recommended for submission of final form in respect of petitioners but, the then Superintendent of Police, Begusarai differed with the opinion of Dy. S.P. and directed the Patna High Court CR. WJC No.30 of 2010 (25) dt.19-03-2013 3 concerned I.O. to investigate the allegations further against the petitioners. In course of investigation, the investigating officer filed a petition before Chief Judicial Magistrate, Begusarai for issuance of warrant of arrest against the petitioners and the learned Chief Judicial Magistrate, Begusarai vide order dated 25-03-2009, ordered for issuance of warrant of arrest against the petitioners. The ground of the petitioners, is that the learned Chief Judicial Magistrate, Begusarai has got no power to issue warrant of arrest against the petitioners because the court had got no power to issue warrant of arrest to assist the investigation. Learned counsels appearing for petitioners, having relied upon a decision, reported in 2003(1) PLJR 350 submitted that there was nothing before the Chief Judicial Magistrate, Begusarai to come to the conclusion that petitioners were evading their arrest and it is settled principle that for issuance of warrant, there must be some material to show this fact that the accused is evading his arrest. Learned counsels for petitioners further submitted that the petitioners, being government employees, have been regularly attending their offices but the investigating Patna High Court CR. WJC No.30 of 2010 (25) dt.19-03-2013 4 officer did not take pain to arrest the petitioners and, therefore, the aforesaid fact, clearly indicates that petitioners were not evading their arrest. It is also contended on behalf of the petitioners that petitioners are ready to give their full assistance to the investigating officer and, if investigating officer thinks it proper to interrogate the petitioners, the petitioners are ready to assist him. On the other hand, learned counsels appearing for the state, submit that there is no barricade on the power of court to issue warrant of arrest against an accused and in the present case, the learned Chief Judicial Magistrate; Begusarai, passed the impugned order after perusing the materials available on the case diary. In course of his submission, he referred paragraph-193 of the case diary in which, it has been incorporated by the I.O. that he went to the office of petitioners where he came to know that the petitioner (in Cr. W.J.C. No. 30 of 2010) has already been transferred from the aforesaid office. No doubt, the investigating officer went to the office of petitioners and admittedly, the petitioner (in Cr. W.J.C. No. 30 of 2010) had already been transferred from the aforesaid office but admittedly, the petitioner (in Cr. Patna High Court CR. WJC No.30 of 2010 (25) dt.19-03-2013 5 W.J.C. No. 653 of 2011) was working in the said officer at the time of visit of the investigating officer. Furthermore, there is nothing in the entire case diary to show this fact that the concerned investigating officer has taken any pain to ascertain the present place of posting of petitioner (in Cr. W.J.C. No. 30 of 2010) and, therefore, I am of the opinion that the aforesaid circumstance, never indicates this fact that the petitioners were evading their arrest. On the basis of aforesaid discussions and in view of the dictum, given by a bench of this court in 2003 (1) PLJR 350, I feel no hesitation to quash the impugned order dated 25-03-2009. However, the concerned investigating officer, may take fresh warrant of arrest against the petitioners, if he thinks so, and if any petition is filed by the investigating officer before the learned Chief Judicial Magistrate, Begusarai for issuance of warrant of arrest against the petitioners, the learned Chief Judicial Magistrate, Begusarai, shall pass order on the aforesaid petition in accordance with law. Furthermore, the investigating agency is directed to conclude the investigation of Bakhri P.S. Case No. 44 of 2003 at the earliest, without any further delay. Let a copy of this order be sent to the Patna High Court CR. WJC No.30 of 2010 (25) dt.19-03-2013 6 Superintendent of Police, Begusarai in connection with Bakhri P.S. Case No. 44 of 2003 for needful. In the aforesaid manner, both the above-said Cr. W. J.C. Nos. 30 of 2010 and 653 of 2011 stand disposed of. A.K.V./- (Hemant Kumar Srivastava, J)