Lawstreet Journal

Rajasthan HC Asks Registrar to Initiate Action Against Magistrate Who Issued Arrest Warrants While High Court's Anticipatory Bail Order Was in Existence [READ ORDER]

Lawstreet Journal 17 Nov 2020 7:37pm

Image courtesy: Lawstreet Journal Judiciary Rajasthan HC Asks Registrar to Initiate Action Against Magistrate Who Issued Arrest Warrants While High Court's Anticipatory Bail Order Was in Existence [READ ORDER]

On November 9, 2020, the Rajasthan High Court directed the Registrar to initiate action against a Magistrate who issued Arrest Warrants against the accused, despite the fact that High Court had earlier granted them anticipatory Bail. 

The Bench of Justice Sanjeev Prakash Sharma also observed, 

"The action of the learned Magistrate is clearly wanting and shows scant respect to the High Court's order as well as having little knowledge relating to criminal law." 

The petitioner, Nanuram Saini, and Vinod Kumar were granted anticipatory bail by the High Court in the year 2003, in connection with the FIR registered against them on cheating charges.

Thereafter, the Magistrate took cognizance of the offenses relating to allegations under Section 418 ( Cheating with knowledge that wrongful loss may ensue to the person whose interest offender is bound to protect ), 420 ( Fraud ), 465( Punishment for Forgery ),468 ( Forgery for the purpose of cheating ), 471, 406( Punishment for Criminal Breach of Trust) & 120B (Punishment for Criminal Conspiracy ) of Indian Penal Code, 1860 against the accused/petitioner. The Court also issued arrest warrants against them (in September 2020). 

After getting the knowledge of the arrest warrant the counsel for the petitioner submitted that petitioners are on anticipatory bail granted by the High Court so, they request the Magistrate that the arrest warrant should be converted into a bailable warrant in the terms of Section 70(2) of Code of Criminal Procedure 1973. 

The Additional Chief Judicial Magistrate where bye in its order dated September 3rd, 20-20 refuse to convert the non-bailable warrant… Continue Reading...


Tagged: Rajasthan High Court  
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