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BIBEK CHAUDHURI
Rajeev Nayan – Appellant
Versus
State of Bihar – Respondent
ORDER
The petitioners are accused persons against whom a Court complaint was lodged by the Respondent No. 2 on 1st of July, 2022 before the learned Chief Judicial Magistrate, Gaya. On the basis of the said complaint, the learned Chief Judicial Magistrate took cognizance and transferred the case under Section 190(1)(a) to the Court of learned Judicial Magistrate, 1st Class, Gaya for further proceeding. On 29th of July, 2022, the complainant and six others witnesses on behalf of the prosecution were examined and learned Magistrate took cognizance of offence under Sections 406 and 420 of the Indian Penal Code against the accused persons and issued process vide order dated 27th of January, 2023. Though no summons was served upon the petitioners, the learned Magistrate issued bailable warrant on 1st of July, 2023 and subsequently, non-bailable warrant was issued without the receipt of non execution report of bailable warrant on 22nd of September, 2023, fixing 7th of December, 2023 for execution report of non-bailable warrant. No non-bailable warrant was executed against the petitioners but on 21st of February, 2024, process under Section 82 of the Cr.P.C. was initiated by the learned Mag
A Judicial Magistrate lacks authority to review his prior orders without jurisdiction or sufficient evidence against the accused.
The legality of warrants for arrest in non-bailable offences and the requirement for the Magistrate to specify the place and date where the accused has to appear in compliance with the proclamation u....
(1) In bailable offence, right of accused to get bail is absolute and indefeasible right and courts have no discretion in granting bail.(2) Criminal Courts should consider bail applications particula....
The issuance of non-bailable warrants and proclamations must adhere to legal standards, including the necessity of an execution report and clear directives for appearance.
Point of law: Court can postpone the issue of process
Complaint filed by the respondent No.2 would be barred by Section 300 (1) of the Criminal Procedure Code being successive prosecution as for the very set of allegations, earlier complaint filed by th....
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