VINAY RAMNARAYAN SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition under Art. 227 of the Constitution of India, read with Sec. 482 of the Criminal Procedure Code, 1973, assails the order dated 17th November, 2021 in Crime No.71/2021 and a proclamation requiring the appearance of the petitioner issued in exercise of powers under Sec. 82 of the Criminal Procedure Code.

(2.) Heard Mr. Nikam, learned Cousel for the petitioner and learned APP for State.

(3.) Applicant is accused in Crime No.71/2021 dated 20th August, 2021 registered for the offences punishable under Ss. 384, 385, 388 and 389 of the Indian Penal Code. On 21st August, 2021 a notice under Sec. 41A of the Criminal Procedure Code, was issued. However, it was not responded by the applicant. Instead, applicant sought pre-arrest protection. It was declined by the learned Sessions Court, Mumbai on 27th September, 2021. Whereafter the applicant, moved this Court on 20th October, 2021 seeking pre-arrest protection. On 15th November, 2021 intimation was posted to the Investigating Officer that the pre-arrest protection application was filed on 20th October, 2021 in the High Court. On the same day i.e. on 15th November, 2021 Investigating Officer moved the trial Court to seek issue of proclamation under Sec. 82 of the Criminal Procedure Code, against the applicant. It appears, the applicant sought circulation of Anticipatory Bail Application on 16th November, 2021. Application was listed on 17th November, 2021. None appeared for the applicant on that date. On the same day i.e. on 17th November, 2021 another application was moved seeking issuance of proclamation against applicant and two coaccused. The learned Additional Chief Metropolitan Magistrate upon perusing the application, record and Affidavit of the Investigating Officer passed the following order :