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MANOJ KUMAR GARG
Banwari Lal – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. petition against order for arrest (Para 1) |
| 2. arguments regarding previous investigation (Para 2 , 3) |
| 3. court's observations on legal process (Para 4 , 5) |
| 4. conversion of warrant to bailable (Para 6 , 7) |
| 5. conclusion and further actions (Para 8 , 9) |
ORDER :
1. The present misc. petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 04.05.2023 passed by the learned Magistrate, Nohar, District Hanumangarh by which the learned Magistrate took cognizance against the petitioner for offence under Section 467 , 409 in the alternative Section 420 & 120B IPC and issued warrant of arrest against the petitioner.
2. Counsel for the petitioner submits that the police after thorough investigation had filed a negative FR that no case is made out against the petitioner. However, upon filing protest petition by the complainant, the learned Magistrate took cognizance of the offence and issued warrant of arrest. It is argued that the learned Magistrate has not applied his mind and there was no reason to discard or disbelieve the finding reached by the police. Moreover, when the petitioner applied for the certified copy of the order dated 04.05.2023
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....
The issuance of warrants and proclamations against an accused must comply with established legal requirements; failure to do so results in quashing those orders.
A legitimate prosecution cannot be stifled in exercise of the jurisdiction under Section 482 Cr.P.C. by the High Court.
The main legal point established is that the issuance of a proclamation under Section 82 Cr.P.C. requires the Judicial Magistrate to record satisfaction of the accused persons' absconding or conceali....
The court upheld the legality of the orders for the issue of a non-bailable warrant of arrest and proclamation under Section 82 of the Cr.P.C. against the petitioner, based on evidence of his evasion....
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