SOURAV JAISWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner is aggrieved of the orders by which processes under section 82 Cr.P.C and section 83 Cr.P.C have been issued against him.

(2.) In the Complaint Case No. 211 of 2016, by an order dated 21.04.2017 cognizance of the offence under section 138 N.I. Act has been taken and process has been ordered against the petitioner on 22.04.2017. On a petition filed by the complainant, by an order dated 22.05.2017 registered notice has been issued to the petitioner on 23.05.2017. The order dated 05.07.2017 would reflect that service report was awaited by that time. The order dated 11.08.2017 records that report on execution of the bailable warrant was not received in the Court, however, non-bailable warrant of arrest has been issued against the petitioner. The exercise of powers under section 73 Cr.P.C visits an accused with serious consequences; his liberty as guaranteed under Art. 21 of the Constitution of India is now curtailed. The exercise of powers under section 73 Cr.P.C, therefore, must be founded on the subjective satisfaction of the Magistrate which the Magistrate forms on the basis of the materials produced before him. The order dated 11.08.2017 records that report on execution of bailable warrant of arrest was not received in the court, however, on a requisition the Magistrate has ordered issuance of non-bailable warrant of arrest against the petitioner. Evidently, the procedure adopted by the Magistrate cannot be countenanced in law and accordingly, order dated 11.08.2017 by which non-bailable warrant of arrest has been issued against the petitioner is quashed.

(3.) Resultantly, the orders by which processes under section 82 Cr.P.C and section 83 Cr.P.C were issued against the petitioner are also quashed.