BISHWANATH SINGH Vs. STATE OF JHARKHAND THROUGH VIGILANCE

JUDGEMENT

(1.) Defect No. 9(ii), pointed out by the office, is hereby ignored.

(2.) Mr. Rajesh Kumar, learned counsel appearing for the petitioner submits that the Vigilance has registered a case bearing Vigilance P.S case No. 30 of 1999 (Special Case No. 07 of 1999) in the year 1999, wherein number of persons were made accused, including this petitioner, who at the relevant point of time was posted as General Manager-cum-Chief Engineer, in the Regional Electricity Board, Ranchi, but had nothing to do with the matter. In that case, the police submitted final form on 05/05/2001 whereby number of persons were charge sheeted whereas 12 persons were exonerated from accusation. After more than six years, an application was filed by the Investigating Officer before the court below for allowing him to go for further investigation against other accused persons. That application was rejected on 16/04/2007 on the ground that the Investigating Officer had not come forward with any fresh material. That order was never challenged. In the year 2010, again an application was filed for allowing the Investigating Officer to take up the matter for further investigation without disclosing any fresh material but that prayer was allowed by the court though on the same and similar facts, it had earlier been rejected. Subsequently, a requisition was filed by the Investigating Officer on 06/12/2013, stating therein about the materials collected against accused persons including the petitioner. On that basis, warrant of arrest was ordered to be issued, vide order dated 06/12/2013, which never appears to be in consonance with the provision as contained in Sec. 73 of the Code of Criminal Procedure which reads as under:-

(3.) From bare perusal of the section, it is manifest that it confers a power upon the Magistrate to issue warrant of arrest of three classes of persons, namely, escaped convict (ii) a proclaimed offender and (iii) a person who is accused of a non-bailable offence and is evading arrest.