PINKIN SHUKLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application under Sec. 482 of the Code of Criminal Procedure is directed against the order dtd. 27/10/2016, passed by the Court of Judicial Magistrate, Balasinor, whereby, the Court has issued warrant of arrest as contemplated under Sec. 70 of the Cr.P.C..

(2.) Mr. B.M. Mangukiya, learned counsel appearing for and on behalf of the applicant would submit that, warrant cannot be issued under Sec. 70 of the Code for and in aid of investigation, as there are other ways for investigating agency to arrest an accused. He would further submit that Sec. 73 of the Code, empowers the learned Magistrate to issue a warrant under Sec. 70 of the Code under the contingencies mentioned in subsec. (1) thereof. Thus, while exercising powers under Sec. 73 of the Code, the Magistrate can issue a warrant only under the contingencies mentioned in sub- sec. (1) of Sec. 73 of the code and under no circumstances, can warrant be issued for and in aid of investigation. In support of his submission, he relied on the decision in case of CBI Vs. Dawood Ibrahim Kaskar, AIR 1997 SC 2494, for the proposition that, a warrant of arrest cannot be issued in exercise of powers under Sec. 73 of the Code for production of accused before the police in aid of investigation.

(3.) On the other hand, learned State Counsel would submit that, the investigating agency assigned sufficient reasons, as provided in under Sec. 73 of the Code and therefore, the order impugned does not warrant any interference by this Court.