Important Point - If a benefit is extended to the accused under any law, such benefit must be extended to the accused.

S.G. Shah, J.

1. Rule. Mr. Mitesh Amin, learned Public Prosecutor with Mr. Manan Mehta, learned Appellant waives service of notice of Rule for Respondent No.1 – State of Gujarat.

2. Heard learned Senior Advocate Mr. Nirupam Nanavati with Mr. Viral K. Shah, learned advocate for the Petitioner as well as Mr. Mitesh Amin, learned Public Prosecutor with Mr. Manan Mehta, learned APP for the Respondent – State. Perused the record.

3. The Petitioner herein is accused with reference to Jamnagar City ‘A’ Division Police Station vide ICR No.105 of 2016 registered under Sections 384, 467, 468, 504, 506(2), 34 and 120(B) of IPC. The allegation in the FIR is to the effect that the property worth more than Rs.100 crores has been sold of by bogus power of attorney deed. Therefore, complaint is filed against as many as 13 accused amongst which present Petitioner is accused No.1.

4. However, at present, the impugned order is dated 2.7.2016 below the letters dated 22.7.2016 and 13.6.2016 by the PI of LCB police station, Jamnagar which are treated as applications by the Chief Judicial Magistrate, Jamnagar. By such letter applications, Investigating Officer has requested to issue warrant in English language so as to enable them to execute such warrant upon present Petitioner alleging that he is avoiding his arrest and selected his hideouts in other State submitting that in other State, a warrant of Court in English is necessary for arresting any such accused. Such warrant is prayed for with reference to Section 70 of the Code of Criminal Procedure, 1973.

5. If we peruse the application, it becomes clear that the only allegation in the application is to the effect that when Investigating Officer tried to arrest the accused, he could not be found at his last known address and though his application for anticipatory bail is cancelled, he is not available for investigation or arrest and, thereby, he is absconding and avoiding arrest and probably he has hidden in some other State and, thereby, there is no possibility to arrest him in near further and, therefore, when police of other State is demanding the warrant by the Court in English so as to arrest such person who are hiding in such other State, there is need of warrant under Section 70 of the Code of Criminal Procedure, 1973 in English. It is also contended that Petitioner was not available at his residence on different dates which is listed in such application viz; 27, 28, 29 May, 2016 and 10, 12, 28, 29 of June, 2016. When application is seeking warrant under Section 70 of the Code of Criminal Procedure, 1973, (For short `Code’) initially provision of Section 70 needs to be referred here, which reads as under:-

Form of warrant of arrest and duration:-

1. Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court.

2. Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.

6. The bare reading of above provision makes it clear that it is providing the manner in which warrant is to be issued i.e. it shall be in writing and signed by the Officer of the Court and shall bear the seal of the Court and that it shall remain in force until it is cancelled by the Court or until it is executed. Therefore, practically, it seems that, though the Investigating Officer wants a warrant as provided under Section 70 of the Code of Criminal Procedure, 1973, enabling provisions to issue such warrant is under Section 73 of the Code of Criminal Procedure, 1973, which reads as under:-

“Section 73. Warrant may be directed any person.

(1) The Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable, offence and is evading arrest.

(2) Such person shall acknowledge in writing the receipt