Validity of arrest warrants executed on an absconder under Cr.P.C. Sections 70 and 73 was upheld despite claims of irregularities.

ORAL ORDER

1) By way of present petition, the petitioner prays for direction directing the Respondent authorities to take legal action pursuant to the applications at Annexure-F and G.

2) Heard Mr. Nisarg D. Shah, learned counsel for the petitioner and ld.

APP for the respondent State.

3) The main grievance of the petitioner is that, although the application was filed on 26.10.2023, the warrant issued was interpolated and mentioned a new address. Despite this, learned Magistrate directed the registration of the offence. Pursuant to the said warrant, the petitioner was arrested. The petitioner has relied on the observations made by the learned Magistrate in the orders passed below Exhs:14 and 15, submitting that the warrant issued under Section 70 of the Cr.P.C . is not available on record, and the warrant under Section 73 of the Code was not produced along with the chargesheet case papers. The only warrant produced at the time of the accused production is under Section 70 of the Code. Prima facie, it appears there is an issue as to whether the warrant was issued under Section 70 or Section

73 of the Cr.P.C .

4) The second issue is that the new address mentioned involves interpolation. Although no offence is registered concerning this, the learned Magistrate has ignored these facts. It is pertinent to note that the petitioner was an absconder and a warrant under Section 70 was issued. Subsequently, he was arrested and his custody was handed over to the police, which is an undisputed fact. Any warrant, whether issued under Section 70 or Section 73 of the Code, is the process for arrest to secure the presence of the accused. The matter between the Court and Police agency, and every warrant must be issued in the name of the accused and under the seal of the concerned Court.

5) The warrant produced at Annexure-D is signed by the learned Additional Senior Civil Judge & Chief Judicial Magistrate on 05.10.2024 in Criminal Case No. 5208/2017, wherein the name of the petitioner is clearly mentioned. Therefore, this is not a case where a warrant issued against accused “A” is executed by arresting accused “B.” The warrant is legal one and bears the Court’s seal. Furthermore, the complainant’s application dated 26.10.2023 clearly mentions the addresses as 7/705, Bakeri Swara, beside ABB Campus, Makarpura, Vadodara, and B/203, Sampanna Flat, Near Girls School, Ganesh Chokadi, Bavla, Ahmedabad Rural. As per this application, the learned Magistrate passed an order to issue a warrant which was sent to the Makarpura address and executed by the Makarpura Police. It is, therefore, crystal clear that the warrant sent to Makarpura Police Station and executed by the same Police Station. Even learned Magistrate who has issued warrant also not taken any cognizance about alleged act, omission or irregularities.

6) The case was initially filed in the year 2017, and Anandnagar Police Station received a warrant under Section 70 of the Cr.P.C . Subsequently, the case was transferred to the JMFC Court on 06.12.2023. The case was again transferred and remained at the warrant stage since 30.12.2021. From the previous stage of proceedings, an arrest warrant was issued. Pursuant to the said arrest warrant, produced below as Exh:14, the petitioner was arrested. Since the petitioner was an absconder, his name was shown in Column No. 2, and the warrant was issued solely to secure his presence before the Court.

Therefore, no prejudice has been caused to the petitioner.

7) Even otherwise, Chapter 6 of the Code of Criminal Procedure, 1973 , prescribes the procedure to compel appearance by summons and by warrant. Sections 70 to 81 of the Code deal with warrants of arrest, while Sections 82 to 90 relate to proclamations and other related provisions. Section 70 provides the form and duration of a warrant of arrest. As per Sec