LACCHUMAN RAI @ KAPIL RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State.

(2.) This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioners for quashing the orders dated 27.03.2019 and 15.07.2019 passed by the learned Chief Judicial Magistrate, Saran whereby on requisitions dated 15.03.2019 and 28.06.2019 presented by the Sub-Inspector of Police, Madhaura Police Station, Saran, warrant of arrest and proclamation order respectively have been issued against the petitioners in connection with Madhaura P.S. Case No.570 of 2018 registered under Section 302 read with 34 of the Indian Penal Code (for short 'IPC').

(3.) Learned counsel appearing for the petitioners submitted that the orders impugned whereby warrant of arrest and proclamation order have been issued are wholly illegal, unjust and unsustainable in the eye of law. He has contended that though none of the preconditions for exercising powers under Section 73 of the Code of Criminal Procedure (for short 'CrPC') were fulfilled, the learned Chief Judicial Magistrate has mechanically issued warrant of arrest vide order dated 15.07.2019. Also, by a non-speaking order a written proclamation requiring the petitioners to appear under Section 82 of the CrPC was issued by the learned Chief Judicial Magistrate. According to him, there was 'no reason to believe' that the petitioners had absconded or concealed themselves. In absence of the satisfaction by the Magistrate that the petitioners had absconded or concealed themselves, he could not have granted permission for proclamation against them.