GURJEET SINGH JOHAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Section 482 / 483 Cr.P.C. for quashing of FIR No.150 dated 14.08.2018 (Annexure P-2) registered under Sections 406 , 420 & 120-B IPC at Police Station Phase-I, District SAS Nagar, Mohali and the orders dated 26.03.2019, 26.04.2019, 30.05.2019, 18.07.2019 and 27.08.2019 whereby the warrants of arrest were issued against the petitioner, as well as, the subsequent consequent orders.

(2.) At the outset, the counsel for the petitioner submits that for the time being, the petitioner does not press the present petition qua challenge to the FIR as such; and that he has been instructed by the petitioner, to restrict the present petition only qua challenge to the warrants issued by the Magistrate against the petitioner in the said FIR.

(3.) De hors any merits of the case qua the FIR, it is contended by the counsel for the petitioner that the warrants have been issued by the Magistrate in a mechanical manner. The application moved by the police, seeking issuance of warrants from the Magistrate, does not reflect any reason for the same. Therefore, the learned Magistrate had no reason or occasion to exercise his discretion to decide whether the petitioner was evading his arrest or not. In such a situation, the exercise of discretion by the Magistrate stands vitiated, being in negation of law as is laid down by the Hon'ble Supreme Court in the case of State through Central Bureau of Investigation Vs. Dawood Ibrahim Kaskar, (2000) 10 SCC, 438. Still further, it is contended that since, the police had not disclosed any reason even in their application, therefore, arrest of the petitioner would be in violation of the provisions of Section 41(1)(b)(ii) of Cr.P.C. It is further submitted by the counsel that in the absence of any such reasons, the Magistrate could not have even authorized the police custody of the petitioner, in case of his arrest. Therefore, if the Magistrate could not have authorized police custody, due to absence of valid reasons then the Magistrate could not have even issued warrant authorizing arrest of the petitioner, as such.