The competence of the Magistrate to issue warrants of arrest and the importance of securing the presence of the accused for interrogation during the course of investigation.

JUDGMENT

Gurvinder Singh Gill, J. - The petitioner assails order dated 13.8.2020 (Annexure P-3) passed by JMIC, Tarn Taran in respect of FIR No. 50 dated 24.2.2020, Police Station Sadar Tarn Taran, District Tarn Taran, vide which the petitioner has been declared a Proclaimed Offender in terms of Section 82 Cr.P.C.

2. The learned counsel for the petitioner has submitted that the trial Court, while passing the impugned order has proceeded in a mechanical manner without following proper procedure. It has been submitted that the non-bailable warrants, pursuant to which the proclamation proceedings came to be initiated, were issued by the Magistrate simply on asking of police whereas the Court had no jurisdiction to issue warrants when the matter was still at the stage of investigation. The learned counsel submits that Section 70 Cr.P.C. and also Section 73 Cr.P.C. cannot be used for the purpose of aiding or assisting the investigation by securing presence of accused so as to enable the police to interrogate him. The learned counsel in order hammer forth his aforesaid submission places reliance upon a judgment of this Court rendered in Gurjeet Singh Johar versus State of Punjab and another 2020(1) RCR (Criminal) 344 and also on a judgment of Hon'ble Supreme Court reported as State through CBI versus Dawood Ibrahim Kaskar 2000 (1) SCC 438.

3. I have heard Sh. Navkiran Singh, learned counsel for the petitioner. Some facts need to be noticed to consider the aforesaid submissions. The FIR in the instant case was lodged at the instance of Palwinder Kaur against five accused who are specifically named including the present petitioner Ranjit Kaur and against nine unknown persons. It is alleged in the FIR that there is a dispute amongst her husband's family pertaining to land and that on 24.2.2020 her husband Baldev Singh was attacked by her brother-in-law Sukhdev Singh armed with a 'gun', Manjinder Singh armed with a 'pistol', Amanat armed with a 'pistol', Ranjit Kaur armed with a 'baseball bat', Kuldeep Singh armed with a 'gun', Kashmir Singh armed with a 'gun', Hoshiar Singh armed with a gun' and that her father-in-law was also standing nearby who had gestured towards complainant's husband Baldev Singh. It is further alleged that another 8-9 persons were also present there with muffled faces and who were also armed with 'guns' and 'pistols'. Ranjit Kaur (petitioner) is alleged to have raised a lalkara exhorting the co-accused to teach Baldev Singh a lesson for raising demand of land and upon which the accused Sukhdev Singh, Amanat Singh, Manjinder Singh, Kashmir Singh, Kuldeep Singh and Hoshiar Singh started firing at Baldev Singh. The unknown persons dragged Baldev Singh by hair and gave blows with butts of their guns while Ranjit Kaur gave blows to him with baseball bat.

4. The petitioner, being involved in a non-bailable and cognizable offence of murder, the police would be competent to arrest her even without warrants. However, since the police was unable to arrest the accused even after three months of lodging of FIR despite having raided all such places where there was any likelihood of their presence, an application dated 26.5.2020 (Annexure P-4) was moved before the Illaqa Magistrate for issuance of non-bailable warrants. Non-bailable warrants were accordingly issued but it appears that the warrants remained unexecuted and consequently proclamation proceedings were initiated leading to passing of impugned order dated 13.8.2020 (Annexure P-3).

5. The Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code1) lays down the complete procedure right from lodging of FIR upto arrest and trial of a person accused of committing an offence. Chapter VI of the Code titled "PROCESSES TO COMPEL APPEARANCE" deals with issuance of summons and warrants and also proclamation proceedings. It is apposite to bear in mind the relevant provisions of Sections 70 to 73 and 82 of the Code which pertain to issuance of warrants and proclamation