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2020 Supreme(Chh) 344

SANJAY K.AGRAWAL
Jamuna Prasad Jaiswal – Appellant
Versus
State Of Chhattisgarh – Respondent


Advocates Appeared:
Mr. Neeraj Kumar Jain and Mr. Dhirendra Prasad Mishra, Advocates, for the Appellant; Mr. Mateen Siddiqui, Deputy Advocate General, for the Respondent

JUDGMENT

1. First information report (FIR) was registered against the petitioner for offences punishable under Sections 294, 506, 323 and 427 of the IPC by Police Station Marwahi in which he was declared absconded by issuing permanent warrant of arrest on 21-2-2018, thereafter, he filed W.P.(Cr.)No.491/2018 in which this Court granted him liberty to file an application under Section 70(2) of the CrPC for cancellation of permanent warrant of arrest before the concerned Judicial Magistrate which he filed and ultimately, he was released on bail on 5-1-2019 and pursuant to that order of release of the petitioner on bail, the learned Judicial Magistrate First Class, Marwahi directed to recall the un-executed permanent warrant of arrest already issued against him. However, the un-executed warrant was not recalled and ultimately, the petitioner was arrested on 13-3-2019 and he was released on the same day.

2. This writ petition has been filed merely on the ground that once the petitioner was enlarged on bail and he has furnished bail bonds, permanent warrant of arrest ought to have been recalled by any means by the Judicial Magistrate First Class who had issued the warrant, as mandated by

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