RAJEEV KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners are accused persons against whom a Court complaint was lodged by the Respondent No. 2 on 1st of July, 2022 before the learned Chief Judicial Magistrate, Gaya. On the basis of the said complaint, the learned Chief Judicial Magistrate took cognizance and transferred the case under Sec. 190(1)(a) to the Court of learned Judicial Magistrate, 1st Class, Gaya for further proceeding. On 29th of July, 2022, the complainant and six others witnesses on behalf of the prosecution were examined and learned Magistrate took cognizance of offence under Ss. 406 and 420 of the Indian Penal Code against the accused persons and issued process vide order dated 27th of January, 2023. Though no summons was served upon the petitioners, the learned Magistrate issued bailable warrant on 1st of July, 2023 and subsequently, non- bailable warrant was issued without the receipt of non execution report of bailable warrant on 22nd of September, 2023, fixing 7th of December, 2023 for execution report of non-bailable warrant. No non-bailable warrant was executed against the petitioners but on 21st of February, 2024, process under Sec. 82 of the Cr.P.C. was initiated by the learned Magistrate against the petitioners. On the basis of process under Sec. 82 of the Code of Criminal Procedure, the Police Officers sealed the premises of accused on 13th of April, 2024. The petitioners apprehending their arrest in Complaint Case No. 967 of 2022, registered under Ss. 406 and 420 of the Indian Penal Code, filed application for anticipatory bail before the learned Sessions Judge, Gaya, which has been rejected by the learned Additional Sessions Judge-I, Gaya vide order dated 3rd of May, 2024.

(2.) It is submitted on behalf of the petitioners that the entire action on the part of the respondent authorities is arbitrary and a glaring example of colourable exercise of power. Therefore, by filing the instant writ petition, the petitioners have prayed for the following reliefs:--

(3.) At the time of hearing of the instant writ petition a preliminary question of maintainability arose to the effect as to whether against a judicial order passed by the learned Judicial Magistrate in exercise of his judicial functions, a writ petition is maintainable or not.