NANKI BHAYNA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject matter of challenge in this criminal revision is an order whereby the learned Additional Chief Judicial Magistrate, Kalna issued warrant of arrest and proclamation of attachment against the petitioners in connection with Kalna P.S. Case No. 165/2013 under Sections 498A/304B/34 of the Indian Penal Code read with Sections 3 /4 of the D.P.Act.

(2.) It appears that the impugned order was passed nearly 2 months after the registration of the FIR and on the prayer of the investigating officer of the case. The issue arises for consideration whether a court can issue both warrant of arrest and proclamation of attachment simultaneously. As also whether the court below was justified on the prayer of the Investigating officer of the case to make the impugned order by merely recording seen the prayer of the Investigating officer and the prayer stands allowed

(3.) The core issues involved are centered around the interpretation of the provisions of Section 73, 82 and 83 of the Code of Criminal Procedure. While the first provision prescribes against whom and under what circumstances warrant of arrest can be issued, the remaining two prescribes the procedure for proclamation and attachment. Which are quoted below, for better application of the case.