VINOD KUMAR Vs. STATE OF HP

JUDGEMENT

(1.) The petitioner has preferred this petition under Section 482 of the Code of Criminal Procedure for quashing of Annexure P-6, which is the order passed by the learned Chief Judicial Magistrate, Sirmaur District at Nahan directing the issuance of non-bailable warrants against the petitioner, and for quashing of the First Information Report No.106 of 2010.

(2.) It is pleaded that one Smt.Saroj Gupta wife of Shri Raghunath, resident of Ogli (Excise Colony) Kala Amb, Tehsil and Police Station Nahan, District Sirmaur, H.P. has lodged First Information Report No.106 of 2010 with Police Station Sadar at Nahan on 16th May, 2010 under Sections 457, 380 of the Indian Penal Code alleging therein that some people have broken into the locks of her residence and stolen some household articles and ornaments. Investigation commenced thereafter.

(3.) It is submitted by learned Senior Counsel appearing for the petitioner that no case whatsoever is made out against the petitioner and in these circumstances he cannot be arrested for the allegations made in the First Information Report (supra). Learned Senior Counsel has referred to the orders of remand passed by the Court vide Annexures P-1 to P-3 and submits that in none of these orders remand of the petitioner has been sought. In the First Information Report, as lodged, he was not named as one of the accused. He submits that the addition of Section 411 IPC is without any basis whatsoever.