VISHNUPRASAD DAHYABHAI BRAHMBHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application against the order of the learned Magistrate First Class Kaira at Matar issuing bailable warrant for the amount of Rs. 1 500 against each of the accused (present opponents Nos. 2 to 6) though they were accused of an offence of murder.

(2.) . The allegations are that the present petitioner had filed a complaint against opponents Nos. 2 to 6 under secs. 307 302 and 34 of the Indian Penal Code for the offence of murder of two persons who were allegedly shot dead by Police Officers (the accused). Because the allegations were against the police as per the grievance of the petitioner though the complaint was filed before the Police they asked for Summary and therefore he was required to file a private complaint. The learned Magistrate inquired into the matter by taking evidence under sec. 202 of the Code of Criminal Procedure 1973 (hereinafter referred to as the Code) and ultimately came to the conclusion that there was a prima facie case involving the accused before him for the offences punishable under secs. 302 307 and 34 of the Indian Penal Code and therefore directed to issue process of bailable warrant of Rs. 1 500 against each of the accused police officers.

(3.) . Being aggrieved by the said order of the learned Magistrate the petitioner has come to this Court with a grievance that the learned Magistrate had no jurisdiction to order issue of bailable warrants. For this reliance is placed on sec. 437(1) of the Code which is to the following effect: