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2013 Supreme(Jhk) 457

R.R.PRASAD
Anjani Kumar Mishra – Appellant
Versus
State of Jharkhand through Vigilance – Respondent


Advocates Appeared:
For the Petitioner:Mr. R.S. Mazumdar, Sr. Advocate
For the Vigilance : Mr. Shailesh

Judgment

It was stated that the prayer, which has been made in this application, never concerns with the allegation made in the FIR and, therefore, even if any defect is there concerning the FIR that be ignored.

2. Hence, the defect, pointed out by the office, is hereby ignored.

This application is directed against the order dated 8.2.2013 passed by learned Special Judge (Vigilance), Ranchi in Special Case No.15 of 2009(R) (Vigilance P.S. Case No.11 of 2009) whereby and whereunder learned trial court passed an order for issuance of non-bailable warrant against the petitioner.

3. The ground on which the impugned order is being sought to be quashed is that the order under which warrant of arrest was ordered to be issued against the petitioner is never in consonance with the provision as contained in Section 73 of the Code of Criminal Procedure, as the warrant of arrest was sought to be issued on the ground that only upon arrest of accused person something could be divulged in the matter and that the accused persons in that event could be forced to surrender before the court and that the sufficient evidences have been collected by the Investigating Officer but all those grounds are non


















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