In a criminal miscellaneous petition, the High Court quashed an order dated 20.11.2013 that directed the issuance of an arrest warrant against the petitioner in a vigilance case, citing non-compliance with Section 73 Cr.P.C.
The order dated 20.11.2013 directing issuance of arrest warrant is quashed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M. P. No. 843 of 2014
Narendra Butala .… … Petitioner Versus The State of Jharkhand through Vigilance … … Opp. Party ----- CORAM: HON’BLE MR. JUSTICE R.R. PRASAD
For the Petitioner : Mr. Rajesh Kumar, Advocate For the Vigilance : Mr. Shailesh, Advocate -----
2/ 03.04.2014 This application has been filed for quashing of the order dated
It appears that under order dated 20.11.2013, warrant of arrest was ordered to be issued against the petitioner as well as other accused persons including Md. Hamza. Said order dated 20.11.2013 had earlier been challenged by Md. Hamza and the said order was quashed for the reason that the said order was never passed in consonance with the provision as contained in Section 73 of the Criminal Procedure Code. Similar is the case with this petitioner.
Accordingly, the order dated 20.11.2013 is hereby quashed.
Notwithstanding the fact that the order for issuance of arrest has been quashed, the police or the investigating agency does have power to arrest the person even in absence of warrant of arrest in a cognizable offence but that power is subject to the conditions stipulated under Section 41 Cr.P.C.
(R.R. Prasad, J.)
AKT
2 issues framed by the court
Whether the order dated 20.11.2013 directing issuance of arrest warrant be quashed due to want of compliance with due process.
Whether denial of right to speedy justice warrants quashing of the entire criminal case.
2 provisions across 1 enactments
Narendra Butala
The State of Jharkhand through Vigilance
R.R. Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
