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SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Sanjay Mishra, S/o Late B K Mishra – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. The petitioner herein takes exception to order dated 10/11/2022 passed by learned Judicial Magistrate First Class, Kharsia in Complaint Case No. 125/2022 by which bailable warrant has been issued against him for offence punishable under Sections 420, 467, 468, 471, 465 read with Section 34 of the IPC.
2. The aforesaid challenge has been made on the following factual backdrop :-
i) Respondent No. 2/complainant moved an application under Section 200 of CrPC along with an application under Section 156(3) of CrPC in which learned Magistrate recorded the statements of respondent No. 2/complainant and his son Dev Singh Yadav and vide order dated 12/10/2022, he took cognizance of above-stated offences against Accused No. 1 - Setram Kapileshwar Patel, Accused No. 2 - J.S.W. Ispat Special Product Ltd. and Accused No. 3 - Rahul Gupta and accordingly, issued summons to them.
ii) On 03/11/2022, service report was received and since summons were issued to Accused No. 1 and 2 and both of them failed to appear, bailable warrant was issued to them for their appearance on 14/11/2022, however, summon issued to Accused No. 3 came back unserved stating that he is not wor
A Judicial Magistrate lacks authority to review his prior orders without jurisdiction or sufficient evidence against the accused.
(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.
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....
Interlocutory orders affecting rights are revisable; non-bailable warrants must follow statutory procedures.
The jurisdiction to grant anticipatory bail exists even after a non-bailable warrant is issued, emphasizing judicial discretion in such matters.
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