SWAMY SACHCHIDANAND PARAMHANSA VEDANTACHARYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Special Criminal Application under Article 227 of the Constitution of India has been preferred by the petitioner original accused to quash and set aside the impugned order dated 09.02.2011 of arrest warrant passed by the learned Judicial Magistrate First Class, Petlad in Criminal Inquiry No.5/2007 presently being Criminal Case No.202/2011. It is also further prayed for an appropriate order to direct the learned JMFC, Petlad to issue summons to the petitioner for appearance in the aforesaid case.

(2.) FACTS leading to filing of the present petition in nut-shell are as under:

(3.) HEARD learned advocates appearing for respective parties at length. At the outset it is required to be noted that petitioner is charged for the offences under Section 302 of the IPC as well as for the offence under Section 27(1) of the Arms Act. That the allegation against the petitioner is that he committed the murder of the uncle of the original complainant Babubhai Malabhai Mohania who was the labourer. It is required to be noted that initially the complainant tried to lodge the complaint with the concerned police station, however, the concerned police officer did not register the complaint as FIR and therefore, the complainant was constrained to file a private complaint under Section 190 of the CrPC in the Court of learned JMFC, Petlad against the petitioner and other accused persons for the offences under Sections 302 and 114 of the IPC and under Section 27(1) of the Arms Act and under the Atrocities Act. That initially the learned Magistrate passed an order for inquiry under Section 202 of the CrPC and thereafter, after holding necessary inquiry, passed an order dated 12.09.2007 dismissing the said complaint under Section 203 of the CrPC. As stated herein above, being aggrieved and dissatisfied with the order passed by the learned JMFC dated 12.09.2007 in Criminal Inquiry Case No.5/2007 and in dismissing the said complaint under Section 203 of the CrPC, the original complainant preferred Criminal Revision Application No.691/2007 before this Court and the learned Single Judge by judgment and order dated 28.10.2010 allowed the said Revision Application and quashed and set aside the order passed by the learned Magistrate dismissing the said complaint qua the petitioner herein and directed the learned Magistrate to issue process under Section 204 of the CrPC against the petitioner herein original accused No.1 for the offences under Section 302 of the IPC and under the Arms Act and directed to proceed further in accordance with law thereof. That the judgment and order passed by the learned Single Judge passed in Criminal Revision Application No.691/2007 came to be challenged by the petitioner before the Honble Supreme Court and the Honble Supreme Court has dismissed the said SLP confirming the order passed by the learned Single Judge directing to issue process against the petitioner for the offences under Section 302 of the IPC and for the offences under the Arms Act. That thereafter the learned Magistrate has passed the impugned order under Section 204 of the CrPC directing to issue process against the petitioner original accused under Section 302 of the IPC and for the offence under Section 27(1) of the Arms Act and has directed to issue arrest warrant against the petitioner. Being aggrieved and dissatisfied with the impugned order of issuance of arrest warrant and directing the petitioner to remain present before the concerned Magistrate, the petitioner original accused has preferred the present Special Criminal Application under Article 227 of the Constitution of India.