JUDGMENT :

SHREE CHANDRASHEKHAR, J.

1. The petitioner seeks quashing of the order dated 23.12.2015 by which warrant of arrest has been issued and order dated 19.01.2016 by which processes under section 82 Cr.P.C. have been issued against him.

2. At the out-set it needs to be recorded that to a pointed query from the Court whether the petitioner after this quash-petition was filed on 08.03.2016 has filed any bail application or not, Mr. P.P.N. Roy, the learned Senior counsel for the petitioner submits that he has spoken to the pairvikar who has sworn the affidavit in support of this quash-petition and every time he has been informed that the petitioner would very soon contact him, but he never turned up.

3. Mr. P.P.N. Roy, the learned Senior Counsel for the petitioner, referring to the judgments in Inder Mohan Goswami and Another vs. State of Uttaranchal and Others, (2007) 12 SCC 1 and several other judgments, submits that mandatory conditions under section 73 Cr.P.C. are not complied still the Magistrate has issued warrant of arrest by the impugned order dated 23.12.2015. It is further submitted that the order dated 19.01.2016 does not disclose proper application of mind by the Magistr