SUSHIL KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri J.S. Sengar, learned counsel for the petitioner and the learned A.G.A.

(2.) This petition has been filed against the orders dated 26.8.2004 and 20.1.2005 passed by the learned Chief Judicial Magistrate, Varanasi.

(3.) It is contended that the applicant is not named in the F.I.R. of case Crime No. 238 of 2004, under Sections 302,307 and 120-B I.P.C. and Section 7 of the Criminal Law Amendment Act, P.S. Sigra District Varanasi, but during the investigation, an application was moved by the I.O. in the court of learned C.J.M. Varanasi on 26.8.2004, praying therein that the petitioner is wanted in the above mentioned case. The efforts were made to arrest him but he could not be arrested because he was absconding from his house, so non-bailable warrant and the process of Sections 82 and 83 Cr.P.C. may be issued against the petitioner on that application learned C.J.M. issued non-bailable warrant on the same day thereafter, an application filed by the petitioner to recall the aforesaid order was also rejected by the learned C.J.M. concerned on 20.1.2005.