The simultaneous issuance of warrants under Sections 82 and 83 of the Code of Criminal Procedure must comply with specific statutory conditions; failure to do so renders the order unjustified.

JUDGMENT :

Md. Shabbar Rashidi, J.

1. The revisional application is directed against an order dated November 02, 2021 passed in GR case No. 1317/2021 allowing the prayer of the investigating officer in respect of issuance of the warrant of proclamation and attachment.

2. It is the case of the petitioner that on August 16, 2021, the de facto complainant lodged a complaint on an allegation that the petitioner along with the other accused persons attacked the father of the de facto complainant due to which the victim died. On the basis of such written complaint, Kotwali P.S. case no. 821 of 2021 dated August 17, 2021 under Section 143/341/326/307/302/34 of the Indian Penal Code was initiated against the petitioner and other accused persons. It was further submitted that the petitioner was falsely implicated in the said case.

3. The police took up the investigation of the case and submitted charge-sheet against the petitioner along with the other accused persons. It has been submitted that by the impugned order dated November 02, 2021, the learned Chief Judicial Magistrate directed issuance of the proclamation and attachment against the petitioner.

4. It has been submitted by the learned advocate for the petitioner that the aforesaid order directing issuance of the warrant of proclamation and attachment was in total disregard of the provision contained in Section 82 and Section 83 of the Code of Criminal Procedure, 1973. It is contended that while passing the impugned order, the learned Magistrate did not record its satisfaction regarding the compliance of the statutory requirements as mandated under Section 82 of the Code of Criminal Procedure, 1973 and warrant on to pass the impugned order directing simultaneous issuance by one of the proclamation and attachment .

5. By filing the instant revisional application, the petitioner has prayed for setting aside of the impugned order.

6. In support of his contentions, learned advocate for the petitioner relied upon an unreported judgment rendered by this Court in CRR No. 3446 of 2018 (Monirul Islam @ Manirul Islam@ Manirul Biswas versus State of West Bengal), CRR No. 115 of 2021 (Subhas Saha @ Bhakto Saha versus Union of India) and CRR No. 1620 of 2020 (Amir Manger and others versus State of West Bengal).

7. As noted above, a case was started against the petitioner and the other accused persons, being Kotwali P.S. Case No. 821 of 2021 dated August 17, 2021. The police investigated the case and submitted charge-sheet against the petitioner and others. Since the petitioner failed to appear before the Court in connection with such case, warrant of arrest was initially issued against the petitioner. Therefore, on the prayer of the investigating officer, warrant of proclamation and attachment was simultaneously issued against the petitioner with a view to procuring his attendance.

8. I have considered the impugned order. From the impugned order, it transpires that while considering the prayer of the investigating officer for simultaneous issuance of warrant of proclamation and attachment, learned Magistrate appears to have considered the prayer and came to a conclusion that the petitioner was avoiding his arrest and was trying to settle somewhere outside West Bengal. The impugned order also discloses that while considering the prayer, the learned Magistrate also took note of the legal possession that only in the circumstances mentioned in the proviso of Sub-section (1) of Section 83, the Court has authorized to issue the order of proclamation and attachment simultaneously

9. Sections 82 and 83 of the Code of Criminal Procedure read as follows:-

82. Proclamation for person absconding.—(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a spec