BOBBY ALIAS PREMVEER Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Two revered Judges of this Court have differed on very vital point arising on the interpretation of the provisions contained in Section 257 of Code of Criminal Procedure, 1973 (for short the new Code). The matter which has been referred to this Court for adjudication is whether the provisions in the said Section 257 of the new Code will be applicable during "investigation".

(2.) Bobby alias Premveer and Gyani alias Gyanendra Singh, applicant Nos. 1 and 2 in this case have filed an application under Section 482 Cr. P.C. which contains the following prayer

(3.) Both the applicants alleged to be the residents of Aligarh and Ghaziabad, have alleged that a report under Section 392, I.P.C. was initially registered against them in Case Crime No. 88 of 1999 at Police Station Govind Nagar District Mathura but subsequently it came to be converted into under Sections 395/412, I.P.C. It is stated in paragraph 4 of the affidavit filed in support of the application that both the applicants have been arrested in another case in district Ghaziabad and are lodged in District Jail Ghaziabad the Investigating Officer of Case Crime No. 88 of 1999 in Mathura Case moved an application for obtaining 'B' Warrant for production of the applicants which was served on 9-7-1999 to the jail authorities in Ghaziabad. It is stated that on coming to know of issuance of the 'B' Warrant, an application was moved on behalf of the applicants in the Court of the Chief Judicial Magistrate, Mathura that since no case is pending against them in the Court at Mathura, therefore, 'B' Warrant be cancelled. Upon this, the Chief Judicial Magistrate, Mathura summoned the case dairy and other papers and subsequently, the Investigating Officer also appeared before the Chief Judicial Magistrate. It was argued that 'B' Warrant may be cancelled in view of the case law in Mukesh v. State of U.P., (1998) 37 All Cri C : (1998 All LJ 2206 : 1999 Cri LJ 86). No further comment about the said order of the Chief Judicial Magistrate dated 27-8-1999 is needed to be made here.