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RAM MANOHAR NARAYAN MISHRA
Kalam Uddin – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. The instant writ petition under Article 227 of the Constitution of India has been filed by the petitioner challenging the order dated 3.3.2023 passed by C.J.M., Prayagraj whereby an application moved by the petitioner in Case No. 1556 of 2022 (State vs. Lallu @ Abdul Mahboob and others) under Sections 147, 148, 307, 323, 341, 504 IPC, P.S. Mau Aima, District Prayagraj, has been dismissed.
2. The brief facts of the case relevant for the purpose of present writ petition are that the petitioner lodged an F.I.R. on 12.8.2022 at 13:52 hours against Waseem @ Gabbar and five others, named accused persons with averments that on 12.8.2022, the informant was coming back to home at around 10:00 AM after participating in Fatiya at the place of his friend Munnan, the accused Waseem acting under conspiracy, way laid him and his companions; they started abusing him and his companions Mohd. Amir, Jafee Arsad, Mohd. Izhar and on exhortation of accused persons; accused Shadab had opened fire on him in which he suffered firearm injury on his left hand and on being given beating by lathi danda by accused persons, Mohd. Amir, Mohd. Izhar and Jafee Arshad suffered head injury.
3. In injury
The main legal point established in the judgment is the discretion of the Magistrate to issue arrest warrants during the investigation and the duty to monitor the investigation to ensure fair trial a....
The central legal point established in the judgment is the interpretation and application of Section 73 of Cr.P.C., which empowers the Magistrate to issue a warrant during the investigation, particul....
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.
A Magistrate must issue summons before a Non-Bailable Warrant, and NBWs cannot be issued without judicial reasoning; mechanical issuance violates procedural law.
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....
Permission under Section 155(2) Cr.P.C. can be granted by the Magistrate upon application from the complainant, validating subsequent investigations. Procedural technicalities do not invalidate proce....
The High Court should not entertain writ petitions for police action or investigation monitoring when alternative statutory remedies exist before the police and the jurisdictional Magistrate. The pow....
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