SISTER ALIAS BABU SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner has challenged the orders dated 16.4.2004, 17.4.2004 and 19.4.2004 passed by the Executive Magistrate Panposh in a proceeding under Section 110 of the Code of Criminal Procedure registered as Cri. Misc. Case No. 409 of 2004.

(2.) BASING on a report of the Sub -Inspector of Police, Plantsite Police Station in Station Diary No. 544 dated 15.4.2004 the Executive Magistrate, Panposh initiated a proceeding under Section 110, Cr.P.C. against the petitioner and issued warrant against him. Pursuant to the said warrant, the petitioner was produced before the said Executive Magistrate, where he was asked to furnish a bond of Rs. 20,000/ - with one solvent surety for his interim release from police custody. In compliance of the said order, the petitioner furnished the bond, but he was remanded to custody and the case was fixed to 18.4.2004 for enquiry. On 18.4.2004 the Executive Magistrate was not available and the enquiry was adjourned to 19.4.2004. Being aggrieved by such order of the Executive Magistrate, the petitioner has preferred the present application invoking the extraordinary jurisdiction of this Court under Section 482, Cr.P.C. to quash the said proceeding and for taking suitable action against the erring police officer as well as the Executive Magistrate.

(3.) MR . D R. Mohapatra learned Addl. Government Advocate on the other hand, submits that the initiation of the proceeding was based on a report of a competent police officer and so no illegality was committed by the Executive Magistrate. He further submits that view of the proviso contained in Section 113, Cr.P.C. the Executive Magistrate, Panposh was competent to issue warrant against the petitioner and to remand him to custody. According to him, no illegality is there in the action of the learned Executive Magistrate and therefore, the proceeding need not be quashed.