SUSHIL KUMAR SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 10.10.2002 passed by the learned Chief Judicial Magistrate, Siwan in Barharia P.S. Case No. 99 of 2002 by which the learned Magistrate has been pleased to issue processes against all the accused persons under sections 82 and 83 of the Code of Criminal Procedure (in short 'the Code ') so far as it relates to the petitioner.

(2.) LEARNED counsel appearing on behalf of the petitioner has submitted that the processes under sections 82 and 83 of the Code has been issued against the petitioner without serving the warrant of arrest, it has been further submitted that on the police requisition warrant of arrest was issued on 8.10.2002 and on 10.10.2002 only after two days processes under sections 82 and 83 of the Code was also issued. It has been further submitted that by order 8.10.2002 non -bailable warrant of arrest was issued against six non -F.i.R. accused excluding this petitioner and thereafter on 10.10.2002 it was prayed that processes under sections 82 and 83 of the Code be issued against all the accused persons. Learned counsel for the petitioner has relied on a decision reported in A.I. R. 1960 Patna 160 (Sushil Kumar Choudhary V/s.The State) in which it was held that before issuance of the processes under sections 82 and 83 of the Code the Magistrate should have waited until the execution of warrant of arrest was received.

(3.) ACCORDINGLY , the order dated 10.10.2002 passed by the learned Magistrate so far this petitioner is concerned is hereby quashed and this application is allowed.