SATISH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE defect, pointed out by the office, has already been removed. Learned counsel for the petitioner submits that though in this application prayer has been made for quashing of the first information report of Kadma P.S. Case No. 45 of 2013 as also the order dated 15.4.2013, under which non -bailable warrant of arrest has been issued against the petitioner, but the petitioner would be confining his prayer only with respect to the order dated 15.4.2013.

(2.) HAVING heard learned counsel For the parties, I do find that the order dated 15.4.2013, whereby non -bailable warrant of arrest has been ordered to be issued against the petitioner, is never in consonance with the provision as contained in Section 73, Cr.P.C.

(3.) IT be stated that the provision of Section 73 Cr.P.C. does confer a power upon a Magistrate to issue a warrant of arrest of three classes of the persons namely, (i) escaped convict; (ii) a proclaimed offender; and (iii) a person who is accused of a non -bailable offence and is evading arrest.