NARAYAN KUMAR BHARTI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present application has been filed by the petitioners, inter alia, for two reliefs. First, the quashing of the first information report and the consequential police investigations into the alleged misappropriation and defalcation of public funds and secondly the order passed by the Chief Judicial Magistrate on 9.10.2006 purporting to be an order in terms of Section 73 of the Criminal Procedure Code issuing non -bailable warrant of arrest against the petitioners at the request of the investigating agency.

(2.) STATE has filed a counter affidavit and a rejoinder thereto has been filed. Heard the parties and with their consent, this writ application is being disposed of at the stage of admission itself.

(3.) COMING to the next question of the police seeking the help of the learned Chief Judicial Magistrate in securing the presence of the petitioners by filing an application in terms of Section 73 of the Criminal Procedure code and the Chief Judicial Magistrate issuing non -bailable warrant in this case, I may just note that the first information report having been registered was received before the Chief Judicial Magistrate on 3.10.2006 and on 9.10.2006 an application was filed by the investigation agency for on warrant against the petitioners. The only explanation given is that in the short period of six days, the police was unable to apprehend the accused persons who were absconding and, as such, required warrant from the Court for their arrest.