DIP NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) By an order dated 17th November, 1980 passed in supplementary of Hilsa Police Station Case No. 10 (12)/79 under sections 324/307 of the Indian Penal Code the Sub-divisional Judicial Magistrate, Hilsa has ordered for the attachment of the properties of the petitioners. The prayer in this application is to quash the order.

(2.) The relevant facts are that on information lodged by one Jagdish Singh on 14th February, 1979 Hilsa Police Station, Case No. 10 (12)/79 was instituted. After investigation the police submitted a final form stating that the case was not true. A protest petition was filed against the final form On 10th November, 1980 the learned Magistrate accepted the final form. Thereafter on 15th November, 1980 a petition was filed before the Magistrate by the investigating officer requesting that non-bailable warrants of arrest be issued against the persons accused in the aforesaid case as further investi gation was being conducted under the orders of the Deputy Superintendint of Police. On this prayer non-bailable warrants were issued against the petitioners on 15th November, 1980. It is stated that 16th November 1980 was Sunday. 17th November, 1980 the investigating officer filed an application before the learned Magistrate stating therein that the accused persons were evading arrest therefore their properties should be attached. Copy of this petition is Annexure 3. On receipt of this petition the impugned order has been passed.

(3.) There can be no doubt that the order for attachment has been passed in complete disregard of the provisions of Sections 82 and 83 of the Code of Criminal Procedure Section 82 provides that if a court has reason to believe that any person against whom a warrant has been issued is absconding or is concealing himself to avoid such execution the court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the publishing of said proclamation.