GOPAL DEB Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) The question that arises in this revision petition is whether on the prayer of an investigating Police Officer during investigation of a cognisable case requesting the Magistrate to issue warrant of arrest, proclamation and attachment against an accused person, the Magistrate can issue those processes simultaneously at the same time.

(2.) Petitioner Gopal Deb was being wanted for arrest by the investigating Police Officer in connection with a case under Sec. 302 I.P.C. being Sidhai P.S. Case No. 2(2) of 1980. One Bharat Savar was seriously injured and ultimately brought to the G.B. Hospital, Agartala on 9.2.80 and the said injured person died on the same date. The case was registered at the Sidhal Police Station under Sec. 326, I.P.C. and was later changed to Sec. 302, I.P.C. when the injured person succumbed to the injuries. On 15.2.80 the Chief Judicial Magistrate, West Tripura received a report from the Investigating Officer praying for issue of warrants of arrest, proclamation and attachment. In the same report the I.O. also prayed for police remand of accused Gopal Deb for 3 days when he would surrender. The learned Magistrate declined to order for police remand on the ground that the accused did not yet surrender. He, however, ordered for issue of those processes against the accused fixing 5.3.80 for service return of the processes. Thereafter some heads or cattle were attached allegedly belonging to the accused person.

(3.) Now as said before the principal question is whether such processes can be issued simultaneously on the prayer of the I.O. Learned counsel Mr. Majumder on behalf of the petitioner referred to the provisions or Sections 82 and 83, Crimial P.C. and submitted that the order of issuing those processes simultaneously suffers from illegality. Sub-section (1) of Sec. 82 is extracted as under: