AVNEESH MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been filed by Avneesh Mishra for a prayer of quashing the order dated 24.11.2011 passed by Additional Chief Judicial Magistrate Vth, Court No. 29, Lucknow and also for quashing the order dated 8.8.2013 passed by Sessions Judge, Lucknow in Criminal Revision No. 389 of 2013.

(2.) Heard Sri A. K. Tiwari, learned counsel for the petitioner and also Sri Devendra Singh, learned A.G.A. for the State.

(3.) It has been argued by learned counsel for the petitioner that petitioner was arrested by the police of Police Station Krishna Nagar in Case Crime No. 507 of 2011 under Section 406/420/506 I.P.C. on 21.11.2011 and this Hon'ble Court granted bail to the petitioner, vide order dated 22.2.2013. In the meantime, the Assistant Sub Inspector of Police Station Khadodara, P.S. Surat City (Gujarat) moved an application alongwith a photo copy of the non-bailable warrant dated 29.7.2008 before the Magistrate for custody remand of the petitioner. That non-bailable warrant was issued by Chief Judicial Magistrate, Surat (Gujarat) on 29.7.2008 and the application was moved by that Assistant Sub-Inspector on 24.11.2011. On receiving that application the Addl. Chief Judicial Magistrate passed the impugned order and directed the Superintendent of Jail, Lucknow that in case of release of the petitioner in Case Crime No. 507 of 2011 an information will be given on the fax number/phone number mentioned in the application. It was further argued that on the basis of that order, even after, release of the petitioner on bail in Case Crime No. 507 of 2011, Police Station, Krishna Nagar, District Lucknow, the petitioner is not being released. It was further submitted that the warrant which is alleged to be annexed with the application is a photo copy and not the original. It was also argued that no warrant of another state has to be addressed to the Judicial Magistrate/Chief Judicial Magistrate of the State of any district. It was also submitted that application given by that Assistant Sub-Inspector was in violation of Sections 70, 72, 78 and 79 of the Criminal Procedure Code and the Court below has treated the warrant under Section 70 Cr.P.C. to be under Section 267 Cr.P.C..