MAKARDHWAJA MUNDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 482 of Cr.P.C. has been filed by the petitioner challenging the order dtd. 27/7/2023 passed by the learned S.D.J.M., Dhenkanal in G.R. Case No.996 of 2023 arising out of Dhenkanal Town P.S. Case No.470 of 2023 registered under Ss. 294, 448, 323, 353 and 506 of IPC, issuing N.B.W. of arrest against the petitioner on the application of the I.O.

(2.) Copy of the application dtd. 27/7/2023 filed by the I.O. is filed by learned counsel for the petitioner and is taken on record.

(3.) Mr.Singh, learned counsel for the petitioner submits that the requirement of Ss. 73 and 41-A of the Crl.P.C. have not been fulfilled as the offences alleged against the petitioner are punishable for imprisonment less than seven years but no notice has been sent to the petitioner under Sec. 41-A Crl.P.C. Barely 20 days after registration of FIR, the application for issuance of N.B.W. has been filed which is not sustainable in the eye of law.