CHANDRA BHAN Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Learned counsel for the petitioner submits that petitioner No. 1 was released on anticipatory bail, by this court vide order dated 23.2.2006 and he intimated to investigating officer regarding grant of anticipatory bail vide registered letter dated 7.3.2006. Eeven then, investigation officer filed charge sheet against the petitioner No. 1 on 18.7.2006 under Sec. 299 Cr.P.C..

(3.) Learned Public Prosecutor could not show me any efforts made by Investigating Officer regarding arrest of petitioner No. 1. In such circumstances, it was not proper on the part of the Investigating Officer to file challan against petitioner No. 1, under Sec. 299 Crimial P.C. By order dated 18.7.2006, learned trial court has mentioned that proceedings under Sec. 82 and 83 Crimial P.C. have already been initiated against the petitioner No.1 and standing warrant of arrest has been issued, but it is not clear that when these proceedings were initiated and when petitioner No. 1 has been released on anticipatory bail. No question arise for initiating proceedings under Sec. 82 and 83 Crimial P.C. against the petitioner No. 1 and issuing standing warrant of arrest against him.