KIRTIBHAI JIVANBHAI BHARVAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Article 226 read with Article 227 of the Constitution of India and Sec. 482 of Criminal Procedure Code, 1973, the applicant-original accused is praying for setting aside the impugned order dtd. 4/12/2020 passed by Chief Judicial Magistrate, Gandhinagar, whereby, the Court has issued non-bailable warrant of arrest under Sec. 70 of the Code, which has been confirmed by the Revisional Court vide its order dtd. 3/8/2021 passed by Additional Sessions Judge, Gandhinagar in Criminal Revision Application No.33 of 2021.

(2.) On 4/12/2020, a first information report came to be lodged with Kalol Police Station, District: Gandhinagar for the offence punishable under Ss. 380, 406, 409, 477, 384, 457, 120B, 201 and 114 of the IPC. The applicant herein is one of the accused persons (accused no.7) named in the FIR. Since lodgment of the FIR, the applicant being accused of non-bailable offence, evading his arrest. It is case of the prosecution that, after extensive search and efforts made by the investigating officer, the applicant-accused was not traceable at his residential address and investigating officer could not secure the presence of the applicant-accused. In such circumstances, P.I., LCB, Gandhinagar filed an application for issuance of non-bailable warrant as contemplated under Sec. 70 of the Cr.P.C. with a specific note that it is necessary for initiation of the proceedings declaring the accused as proclaimed offender as contemplated under Sec. 82 and 83 of the Cr.P.C. The CJM, Gandhinagar vide its order dtd. 24/2/2021, issued non- bailable warrant as prayed for. The applicant-accused, being aggrieved with the order, challenged it before the Sessions Court, Gandhinagar by filing Criminal Revision Application No.33 of 2021 and the same came to be rejected vide its order dtd. 3/8/2021. The proclamation is also published under Sec. 82(1) of the Code by the CJM, Gandhinagar vide its order dtd. 9/6/2021.

(3.) In the aforesaid facts, the present petition is filed under Article 226 and 227 read with Sec. 482 of Cr.P.C., invoking extra ordinary jurisdiction of this Court and has prayed the following reliefs: