JAMUNA PRASAD JAISWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) First information report (FIR) was registered against the petitioner for offences punishable under Sections 294 , 506 , 323 and 427 of the IPC by Police Station Marwahi in which he was declared absconded by issuing permanent warrant of arrest on 21-2-2018, thereafter, he filed W.P.(Cr.)No.491/2018 in which this Court granted him liberty to file an application under Section 70(2) of the CrPC for cancellation of permanent warrant of arrest before the concerned Judicial Magistrate which he filed and ultimately, he was released on bail on 5-1-2019 and pursuant to that order of release of the petitioner on bail, the learned Judicial Magistrate First Class, Marwahi directed to recall the un-executed permanent warrant of arrest already issued against him. However, the un-executed warrant was not recalled and ultimately, the petitioner was arrested on 13-3-2019 and he was released on the same day.

(2.) This writ petition has been filed merely on the ground that once the petitioner was enlarged on bail and he has furnished bail bonds, permanent warrant of arrest ought to have been recalled by any means by the Judicial Magistrate First Class who had issued the warrant, as mandated by the Supreme Court in the matter of Raghuvansh Dewanchand Bhasin v. State of Maharashtra and another,(2012) 9 SCC 791, but that was not recalled and ultimately, the petitioner was arrested and thus, he has suffered trauma for which the Station House Officer and other concerned are responsible, as such, enquiry be directed against them. Even otherwise, the petitioner was also not produced before the Court after arrest, that is also totally uncalled for and is arbitrary action on the part of the Station House Officer.

(3.) Return has been filed by the State / respondents opposing the averments made in the writ petition stating that though the order issuing permanent warrant of arrest was recalled while passing order under the application filed under Section 70(2) of the CrPC, but that was never communicated by the concerned Magistrate to the Station House Officer, Police Station Marwahi, and therefore the petitioner was arrested on 13-3-2019 and he was produced before the Court of Judicial Magistrate (Circuit Court) at Pendra Road and on being informed that he had already been granted bail, he was immediately released. As such, on account of information about recall of warrant not being supplied by the concerned Court to the Station House Officer, the petitioner was arrested and that would amount to sufficient cause for his arrest and therefore the writ petition deserves to be dismissed.