NAZIMUDDIN FAKRUDDIN KAZI Vs. STATE OF GAJARAT

JUDGEMENT

(1.) The present petition is filed by the petitioner under Article 227 read with Art. 21 of the Constitution of India for a Writ of Mandamus or any other appropriate writ for the prayers as prayed for in detail in the petition, inter alia, that appropriate writ of mandamus or any other writ or order may be issued to quash the order under Sec. 70 and under Sec. 82 of the Code of Criminal Procedure, 1973 in C.R. No. I-12/2009 registered at Dungari Police Station (orders dated 5.6.2015 & 11.5.2015). It is also prayed that further proceedings arising out of such an order passed for warrant under sec. 70 of CrPC by the Addl. Chief Judicial Magistrate, Valsad, and also the order passed by the Chief Judicial Magistrate, Valsad for proclamation under sec. 82 of CrPC may be stayed on the grounds stated in the petition.

(2.) The facts of the case as narrated in the petition refer to the investigation in connection with the offence under sec. 302, 307, 120-B of the Indian Penal Code r/w sec. 25(1)A, B, 27(1)A, B of the Arms Act and sec. 135 of the Bombay Police Act.

(3.) Heard learned counsel Shri A.D. Shah for the petitioner. He referred to the application by the S.P., CID Crime, Gandhinagar dated 10.5.2015 and the order passed by the Addl. Judicial Magistrate, Valsad, dated 11.5.2015 for issuance of warrant under sec. 70 of CrPC. It appears that in spite of this, the warrant could not be executed as stated in another application by the CID Crime, Gandhinagar, dated 5.6.2015 to the Judicial Magistrate, Valsad that the present applicant-accused is concealing or hiding himself for which an application was given for proclamation under sec. 82 of CrPC and the same has been granted vide order dated 5.6.2015 by the 3rd Addl. Chief Judicial Magistrate, Valsad.