Petitioner sought to quash an arrest warrant issued after his bail bond was cancelled. The single judge held that if the court below had the authority to cancel the bail, its correctness cannot be examined in this writ application.
None. Writ application dismissed as not maintainable.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1942 of 2017
======================================================
.... .... Petitioner/s Versus
.... .... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr. Vinay Mistry, Advocate
For the Respondent/s : Mr. Sheo Shankar Prasad (SC-8)
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
This writ application has been preferred for quashing
the order dated 02.11.2016 passed in Sahar P.S. Case No.67 of 2015 by the learned Additional Chief Judicial Magistrate-X, Ara, whereby warrant of arrest has been issued against the petitioner on the ground that bail bond of the petitioner was already cancelled in the case.
The writ Court exercises power of judicial review. If the Court-below had authority to cancel the bail-bond, the correctness of the order cannot be looked into in this writ application. Hence, this writ application stands dismissed as not maintainable.
(Birendra Kumar, J)
Mkr./-
U T
2 issues framed by the court
Whether the writ court can interfere with the correctness of an order cancelling the petitioner's bail bond when the court below had the authority to cancel it.
Whether the writ application seeking quashing of the arrest warrant issued on the ground of cancelled bail is maintainable.
Mukesh Kumar Azad
State of Bihar through The Director General of Police
Superintendent of Police, Bhojpur
Deputy Superintendent of Police, Bhojpur
Station House Officer, Sahar, District- Bhojpur
Birendra Kumar Daraj
Birendra Kumar
As recorded by the court registry
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