PAWAN KHALKHO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the Vigilance. This application has been filed for quashing of the order dated 26.03.2015 and 23.04.2015 passed by learned Special Judge, Vigilance, Ranchi in Special Case No. 33 of 2011, corresponding to Vigilance P.S. Case No. 24 of 2011 whereby and whereunder, warrant of arrest and process under Sec. 82, Cr.P.C. have been issued respectively against the petitioner.

(2.) Mr. Anil Kumar, learned senior counsel appearing for the petitioner submits that warrant of arrest has been issued against the petitioner, on the basis of the requisition submitted by the I.O. before the court below, stating therein that the petitioner has been evading arrest, but from the service report submitted by the S.I. Doranda Police Station, it would appear that the address on which warrant of arrest was issued, the petitioner was not living, rather according to report, the petitioner was living at his work place but subsequent to that, the I.O. submitted a requisition stating therein that the petitioner has been evading arrest, which opinion was formed as according to I.O. when he raided the house of the petitioner, the petitioner was not found present. When the petitioner was not living on the address, as has been found by the S.I. Doranda Police Station, how the petitioner would be found present, when the raid was laid by the Vigilance Police and, thereby, any statement made in the requisition that the petitioner was evading arrest is incorrect and hence, the order of issuance of warrant of arrest and consequently issuance of process under Sec. 82, Cr.P.C. are illegal.

(3.) Learned counsel appearing for the petitioner pointed it out that the service report upon which reliance is being placed was inadvertently annexed with another application bearing Cri. M.P. No. 1144 of 2015, which has been listed along with this case, attention of this fact, has been drawn to the counsel appearing for the Vigilance.