JUDGMENT :

Heard the parties.

2. Learned senior counsel appearing for the petitioners submits that he does not press the instant application so far as petitioner Nos.2 to 5 are concerned as they have already surrendered and their prayer made in this petition has become infructuous and confining the prayer made in this petition only in respect of the petitioner no.1.

3. This Cr.M.P. has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the order dated 11.01.2020 passed by the Chief Judicial Magistrate, Chatra in connection with Sadar P.S. Case No.165 of 2018 corresponding to G.R. No.945 of 2018 by which the learned Chief Judicial Magistrate, Chatra passed the order for issuance of non-bailable warrant of arrest against the petitioners and the order dated 27.02.2021 by which the learned Chief Judicial Magistrate, Chatra passed order for issuance of the process under Section 82 Cr.P.C. inter alia against the petitioner No.1.

4. Learned senior counsel for the petitioners submits that the case relates to large scale of financial irregularities and illegal withdrawal of money and the F.I.R. has been registered for the offences punishable under Sections 467, 468, 469, 471, 420, 409, 406, 120 B, 34 of the Indian Penal Code and Section 13 of the Prevention of Corruption Act. It is next submitted that the power with respect to the trial of the case involving the offences punishable under the penal provisions of Prevention of Corruption Act along with the offences punishable under the penal provisions of Indian Penal Code is vested with the Special Court constituted under the Prevention of Corruption Act, hence, the continuation of the present proceeding before the learned Chief Judicial Magistrate, Chatra is absolutely illegal and without jurisdiction. It is further submitted that on 11.01.2020, the Investigating Officer of the case made a prayer before the learned Chief Judicial Magistrate, Chatra to issue warrant of arrest against the petitioners stating therein that the petitioners are evading their arrest and accordingly, the said prayer has been allowed and subsequently petition was filed by the Investigating Officer of the case with a prayer to issue the process under Section 82 Cr.P.C. against the accused persons including the petitioners and vide order dated 27.02.2021, the process under Section 82 Cr.P.C. has been issued against the petitioners which is absolutely cryptic and non-speaking order as well as illegal. It is then submitted that though under Section 73 of the Code of Criminal Procedure, learned Chief Judicial Magistrate or the Judicial Magistrate-1st Class has got the jurisdiction to issue warrant of arrest however, in the present case, the said power should not have been exercised by the learned Chief Judicial Magistrate in view of the special law as provided under the Prevention of Corruption Act and as Special Court of Vigilance has been created in the District of Hazaribagh by the Government, Department of Law vide Notification No. A/quote/Constitution (Vigilance)-13/2009-1554 (J) dated 19.07.2017 and the record was sent by the order dated 05.02.2020 but in spite of that the said record was sent back to the court at Chatra and the case is being proceeded with the learned Chief Judicial Magistrate, Chatra which is absolutely bad and illegal in law.

5. It is further submitted that the order issuing non-bailable warrant of arrest is an illegal order as the same is contrary to the law laid down by the Hon’ble Supreme Court of India in the case of Inder Mohan Goswami & Another Vs. State of Uttaranchal & Others reported in (2007) 12 SCC 1. Hence, it is submitted that the said two orders dated 11.01.2020 and 27.02.2021 be quashed.

6. Ms. Priya Shrestha-learned Special P.P. appearing for the State vehemently opposed the prayer for quashing the said two orders dated 11.01.2020 and 27.02.2021 and submitted that undisputedly the learned Chief Judicial Mag