Court No. - 52
Case :- APPLICATION U/S 482 No. - 10038 of 2018 Applicant :- Akhilesh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ajay Sengar, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned order dated 05.03.2018 passed by the learned Chief Judicial Magistrate, Orai, District- Jalaun in Case Crime No. 0013 of 2018, under Sections 147, 148, 149, 307, 504, 506, 302 I.P.C., Police Station- Jalaun, District- Jalaun issuing N.B.W. and its all consequential proceedings.
Learned counsel for the applicant placing reliance on State through CBI Vs. Dawood Ibrahim Kaskar and others (2000)10 SCC, 438 has submitted that during investigation Magistrate has no power to issue non-bailable warrant under Section 73 of the Code of Criminal Procedure and however, submitted that such power can only be exercised for appearance of the accused before the court only.
I have carefully perused the impugned order whereby the applicant who is facing trial, inter-alia, under Section 302 I.P.C. was absconding and therefore on an application moved by the investigating officer non-bailable warrant has been issued. In my opinion, submission of the learned counsel for the applicant is wholly misconceived, inasmuch as, the impugned order dated 05.03.2018 nowhere has observed for the appearance of the accused before the investigating officer. In the event any accused who is charged for a grievous offence under Section 302 I.P.C. and if he is absconding then certainly before proceedings under Section 82 Cr.P.C. the investigating officer is wholly within the power as provided under Section 73 of Cr.P.C. to obtain non-bailable warrant of arrest against the absconding accused and it can never mean that the issuance of non-bailable warrant is for the purpose of appearance before the investigating officer.
The application is wholly misconceived and the same is accordingly dismissed.
Order Date :- 29.3.2018 Vikas/-