BHAWESH NARAYAN THAKUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE defect no. 9(ii) is hereby ignored. So far defect no. 9(i) is concerned, the same be removed in course of day. This application is directed against the order dated 8.2.2013 passed by learned Special Judge (Vigilance), Ranchi in Special Case No.15 of 2009(R) (Vigilance P.S. Case No.11 of 2009) whereby and whereunder learned trial court passed an order for issuance of non - bailable warrant against the petitioner.

(2.) THE ground on which the impugned order is being sought to be quashed is that the order under which warrant of arrest was ordered to be issued against the petitioner is never in consonance with the provision as contained in Section 73 of the Code of Criminal Procedure, as the warrant of arrest was sought to be issued on the ground that only upon arrest of accused person something could be divulged in the matter and that the accused persons in that event could be forced to surrender before the court and that the sufficient evidences have been collected by the Investigating Officer but all those grounds are non est so far it relates to issuance of warrant of arrest in terms of the provision as contained in Section 73 of the Code of Criminal Procedure and thereby the order impugned is fit to be quashed.

(3.) IN the context of the submission advanced on behalf of the parties, the provision of Section 73 of the Code of Criminal Procedure gets attracted which reads as follows: 73.Warrant may be directed to any person - (1) The Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict,proclaimed offender or of any person who is accused of a non -bailable offence and is evading arrest. (2) Such person shall acknowledge in writing the receipt of the warrant, and shall execute it if the person for whose arrest it was issued, is in, or enters on, any land or other property under his charge. (3) When the person against whom such warrant is issued is arrested, he shall be made over with the warrant to be nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless security is taken under Section 71. From bare perusal of the section, it is manifest that it confers a power upon the Magistrate to issue warrant for arrest of three classes of person, namely, escaped convict (ii) a proclaimed offender and (iii) a person who is accused of a non -bailable offence and is evading arrest. Their Lordships in a case of State through C.B.I Vs. Dawood Ibrahim Kaskar [1997(2) East Cr.C 124 (SC)] taking into consideration the aforesaid provision as enshrined under Section 73 of the Code of Criminal Procedure and also recommendation of Law Commission in its 41st report did observe at paragraph 20 of the said judgment as under: