RAJESH PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The defect pointed out in Cr.M.P. No. 743 of 2013 by the office is hereby ignored. Since the issue involved in all the four applications arising out of the same impugned order is the same, all the cases were heard together and are being disposed of by this common order.

(2.) All these applications are directed against the order dated 8.2.2013 passed by the learned Special Judge (Vigilance), Ranchi in connection with 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 petitioners.

(3.) 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 petitioners 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.