HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 3496/2022

Ramniwas Gurjar Son Of Shri Govind Ram Gurjar, Resident Of

Village Devgarh, Police Station Sadar Sikar, District Sikar

(Rajasthan).

----petitioner

Versus

State Of Rajasthan, Through P.p.

----Respondent

Connected With

S.B. Criminal Miscellaneous (Petition) No. 3497/2022

Atish Netriwal Son Of Shri Shyam Sundar, Resident Of Village

Chandpura, Police Station Sadar Sikar, District Sikar (Rajasthan).

----petitioner

Versus

State Of Rajasthan, Through P.P.

----Respondent

For petitioners(s)

:

Mr. Amit Singh Shekhawat

For Respondent(s)

:

Mr. Atul Sharma, PP

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

20/05/2022

Heard the parties.

The petitioners are accused in connection with FIR

No.185/2017 registered at Police Station Kotwali Sikar for offences

under Section 147, 148, 149, 153A, 153B 295A, 295, 298, 332,

353, 336 of IPC as well as Section 3 of the PDPP Act.

The Court of learned Magistrate had issued warrant of arrest

against the petitioners on the prayer of the Police. The petitioners

filed an application before the learned Magistrate to recall the

(2 of 3)

[CRLMP-3496/2022]

warrant of arrest for the reason that the Police had not complied

the mandate of Section 41A of Cr.P.C. The petitioners asserted

that the Court below had power, to cancel the warrant already

issued, under Sub-Section 2 of Section 70 Cr.P.C.

The prayer had been refused by the impugned order dated

16.03.2022 on the ground that warrant of arrest has been issued

under Section 37 of the Rajasthan Police Act and the Magistrate

had no power to review its order passed in the case.

The learned Magistrate had not correctly interpreted the

provisions of Section 70 Cr.P.C. which reads as follows:-

“70. Form of warrant of arrest and duration-

(1)

Every warrant of arrest issued by a Court

under this Code shall be in writing, signed by the

presiding officer of such Court and shall bear the

seal of the Court.

(2)

Every such warrant shall remain in force

until it is cancelled by the Court which issued it,

or until it is executed.”

Evidently, the Magistrate had the power to cancel the

warrant issued by it therefore the Magistrate could have assigned

some reason other than lack of jurisdiction or on the ground that

there was lack of power of review. This is not a case of review

rather the statute itself provides for cancellation of warrant issued

by the Court concerned. Moreover, Section 37 of the Rajasthan

Police Act simply states as follows:-

“37. Police officers may lay information

before a Magistrate- It shall be lawful for any

police officer to lay any information before a

Magistrate having jurisdiction, and to apply for a

summon, warrant, search warrant or such other

legal process as may, by law, be issued against

any person committing an offence.”

The warrant of arrest has been issued on the prayer of the

Police and material has been brought on the record before the

(3 of 3)

[CRLMP-3496/2022]

Magistrate that the said warrant is fit to be recalled. The

Magistrate cannot refuse to exercise jurisdiction. Hence, the

impugned order is quashed. The petition is allowed and the matter

is remanded back to the Magistrate to pass order according to law.

The warrant of arrest against the petitioners be kept in

abeyance till the Magistrate passes order according to law. This

order shall not prejudice the mind of the Court below while

considering the prayer of cancelling the warrant.

(BIRENDRA KUMAR),J

HARSHIT /81-82