TARKESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. Heard.

(2.) THIS petition under Section 482 Cr.P.C. has been filed to quash the order dated 28.8.2006 passed by C.J.M., Saran at Chhapra in Baniapur P.S. Case No. 36 of 2006 as well as its revisional order dated 27.9.2006 passed by Sessions Judge, Chhapra in Cr. Revision No. 196 of 2006 The learned C.J.M. vide impugned order, on requisition of police has issued warrant of arrest against the petitioner.

(3.) THE main contention of the learned counsel for the petitioner is that he learned C.J.M. has issued warrant of arrest against the petitioner in violation of Section 73 of the Cr.P.C. THE Magistrate has no power to issue warrant of arrest against accused to compel him to appear before the police simply for aid of investigation. In support of his contention, the learned counsel has relied upon a decision of the apex court reported in (1997 Supreme Court 2494 State v. Daud Ibrahim Kesar and 2005(3) PLJR 747 Krishna Murari Yadv v. State of Bihar).