PRIYANKA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioners and the State as also Mr. Bhibhuti Prasad Pandey, Senior Advocate appearing as Amicus Curiae.

(2.) The Petitioners pray for issuance of a writ in the nature of certiorari quashing the impugned order dated 18.11.2010 as contained in Annexure- 1 in Special Case No. 62 of 2009 arising out of Vigilance Police Station Case No. 86 of 2009 pending in the court of Special Judge - I, Patna whereby warrant of arrest has been issued during investigation of the above case. Petitioners assail the impugned order on the ground that the same has been passed in violation of the provisions of Section 73 (1) of the Code of Criminal Procedure (hereinafter referred to as the "Code") on the written requisition of the Investigating Officer of the said case as mentioned in the impugned order.

(3.) The contention of the Petitioners is that the warrant of arrest in law could not have been issued during the investigation of the case. Besides the above, it was also submitted that warrant of arrest, more so non-bailable warrant of arrest, could not be issued in absence of valid justification and that too without proper scrutiny of the facts and circumstances of the case justifying such issuance of warrant of arrest. In its support, reliance is placed upon a decision of the Apex Court in the case of Indar Mohan Goswami and Anr. v. State of Uttaranchal and Ors., as also decision of this Court in the case of Nalini Kant Agarwal v. State of Bihar and Ors,2003 1 PatLJR 350 and also in the case of Krishna Murari Yadav v. State of Bihar,2005 3 PatLJR 746.