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2020 Supreme(Pat) 329

RAJEEV RANJAN PRASAD
JITENDRA SINGH – Appellant
Versus
State of Bihar, through the Director General of Police, Bihar – Respondent


Advocates Appeared:
For the Petitioners:Mr.Awadhesh Kumar, Advocate
For the Respondents:Mr.Sheo Shankar Prasad, Advocate

JUDGMENT :

Heard learned counsel for the petitioners and learned AC to SC-8 at length.

2. Petitioners in the present case are seeking the following reliefs:

    “(I) Quashing of the orders dated 29.03.2019 and 07.01.2020 passed by the learned Court of 6th Additional Sessions – cum – Special Judge, Excise, Saran whereby, merely on the basis of an application of the Investigating Officer, warrant of arrest (under Section 73 of the Cr.P.C.) and proclamation order (under Section 82 of the Cr.P.C.), respectively , have been issued against the petitioners, in connection with Avtar Nagar P.S. Case No. 135/2017 dated 25.09.2017, which has been registered under Sections 342, 323, 332, 333, 353, 504, 506, 34, 307, 120B of the Indian Penal Code and under Section 45 of the Bihar Prohibition and Excise Act, 2016.

(ii) Stay of the order dated 29.03.2019 and 07.01.2020, during the pendency of the criminal writ application, and

(iii) For grant of any other relief/reliefs, as may deem fit and proper in facts and circumstances of the case.”

3. In course of argument, learned counsel for the petitioners submits that neither in the order dated 29.03.2019 nor in the order dated 07.01.2020, the learned Spec

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