JAINANDAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application petitioner has challenged the order dated 7.12.2007 passed by the learned Special Judge, Vigilance, Patna in Special Case No. 11 of 2001 (Vigilance P.S. Case No. 11 of 2001) by which while taking cognizance against the petitioner under different provisions of the Indian Penal Code non-bailable warrant of arrest has been ordered to be issued against the accused persons including the petitioner.

(2.) Referring to observations of the Apex Court in the case of Indra Mohan Goswami & Anr. v. State of Uttaranchal & Ors., 2008 AIR(SC) 251 learned counsel for the petitioner submits that, it was improper for the court below to issue non-bailable warrant of arrest against the petitioner straightaway without issuing summons and taking other steps for his appearance in the case. He has particularly referred to following observations of the Apex Court:

(3.) He submits that the petitioner, on his own, is ready to appear in the case and co-operate with the court and appear in the case at all point of time.