KRISHNA MURARI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, the State and the counsel appearing for the informant.

(2.) PETITIONER Krishna Murari Yadav, Mayor of Patna Municipal Corporation, named accused in Kotwali P.S. Case No. 292 of 2005, has filed this application for quashing the order dated 28.7.2005 and 4.8.2005, passed by the C.J.M., Patna in Kotwali P.S. Case No. 292 of 2005. By order dated 28.7.2005 the C.J.M. Patna has issued warrant of arrest under Section 73 of the Cr.P. C. against the petitioner and other accused persons, on an application filed by the Investigating Officer of the case. By order dated 4.8.2005 an order of proclamation has been passed under Section 82 of the Criminal Procedure Code (hereinafter to be referred to as the Cr. P.C.). The petitioner has challenged both these orders on the ground that the orders have been passed in violation of the settled law as well as against Rule 236 of the Civil Court Rules, Rules 118, 288 and 289 of the Bihar Police Manual, and mandatory provisions under the Criminal Procedure Code.

(3.) COUNSEL for the petitioner has submitted that the petitioner when came to know about his implication in this case, filed an application for anticipatory bail under Sectior, 438 Cr.P.C. being A. B.P. No. 2344 of 2005 before the Sessions Judge, Patna in which the Sessions has been pleased to call for the case diary and the same is pending. Counsel for the petitioner has submitted that the police case was registered on 25.7.2005 and just after three days on 28.7.2005 the Investigating Officer of the case has filed a petition before the Chief Judicial Magistrate, Patna for issuance of warrant of arrest against all the three accused persons including the petitioner. The C.J.M. passed an order for issuance of warrant of arrest in the margin of the petition itself which shows his total non -application of mind and thereafter another petition was filed by the Investigating Officer of the case on 3.8.2005 requesting therein to issue the proclamation and attachment order under Sections 82 and 83 of the Cr.P.C. The Chief Judicial Magistrate again passed a non -speaking order for proclamation under Section 82 Cr.P.C. in the margin of the application itself on 4.8.2005. This order was also passed without giving any cogent reason for passing the order which is mandatory under the Cr.P.C. Those orders passed by the C.J.M. are without jurisdiction, against the civil court rules, as well as against the provision under Bihar Police Manual, as such fit to be quashed.