ZAKIR MALIK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE short, but important question falls for determination in this petition is whether learned trial magistrate is justified in straightway issuing non -bailable warrant for securing the presence of the petitioner/accused after granting application under Section 319(1) of Cr.P.C. without making an attempt to secure his presence first either by issuing summon or bailable warrant?

(2.) THE State of Chhattisgarh through Station House Officer, Maudahapara, Raipur, on 06.11.2013 filed charge -sheet against Farman Malik for commission of offence under Section 420/34 and 354 -A of the IPC. In said case, charges were framed against the said accused person on 02.01.2014 and thereafter on 18.02.2014 the complainant Yamini Baghel was examined and simultaneously the prosecution filed an application under Section 319 of Cr.P.C. for arraigning the present petitioner as co -accused in said criminal case. On 05.03.2014, after considering the said application, the trial court allowed the same and directed issuance of non -bailable warrant of arrest against the present petitioner. Thereafter, the petitioner has filed this petition challenging the said impugned order dated 05.03.2014.

(3.) SHRI Chitranjay Patel, learned counsel appearing for the respondent/State would submit that looking to the nature and gravity of offence as the petitioner is alleged to have found involved in commission of offence under Sections 420 and 354 -A of IPC, therefore, issuance of non -bailable warrant of arrest against the present petitioner is well merited and no interference is called upon in exercise of inherent jurisdiction under Section 482 of Cr.P.C.