Sanjay Mahto @ Sanjay Prasad vs State of Bihar

Mr. Ahsanuddin Amanullah, J. (Oral)—Learned counsel for the petitioner and Mr. Pranav Kumar, learned A.P.P. for the State are present.

The present application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ''Code'') has been filed seeking quashing of order issuing warrant of arrest dated 04.01.2013 in connection with Nadriganj P.S. Case No. 58 of 2004 registered for offence punishable under Sections 304B/201/34/120B of the Indian Penal Code against the petitioner.

Learned counsel for the petitioner submits that the informant of the case is the brother of the wife of petitioner, who has alleged therein that the petitioner along with his other family members had killed his sister (wife of the petitioner) and disposed off the body. It is submitted that the same was a totally false accusation as the wife of the petitioner was in fact held captive by the informant i.e., her brother for which the petitioner had earlier moved before this Court in Cr.W.J.C. No. 78 of 2005 in which by order dated 08.02.2005 a division bench of this Court had directed the petitioner to file a petition under Section 97 of the Code before the Sub-Divisional Magistrate, Gaya. It is submitted that pursuant to the same, the police did locate the girl and she was also brought to the police station but instead of getting her statement recorded under Section 164 of the Code, the police in collusion with the informant, let her go. It is submitted that the superior police officials accordingly directed for staying of further investigation in the said case. Learned counsel submits that all of a sudden the police became active and had filed requisition before the Court below directing for issuance of warrant of arrest which the Court has issued in a mechanical way without applying its judicial mind. The said order is under challenge.

If what has been submitted by learned counsel for the petitioner is true, then the matter is serious. The Court cannot shut its eyes to a citizen being harassed either by his in-laws for whatever reason or by the State machinery, that is, the police.

In view of the facts and circumstances of the case, let the Deputy Inspector General of Police, Magadh Range, Gaya (O.P. No. 4) submit a detailed report to the Court with regard to the averments made in the present application and also materials available in connection with Nadriganj P.S. Case No. 58 of 2004. Such report should be submitted to the Court latest by 31st October, 2013 under sealed cover.

Learned A.P.P. for the State shall communicate the order of this Court to the opposite party no. 4. The opposite party no. 4, upon being informed by learned A.P.P. for the State, shall depute a competent person to get a copy of the entire brief from him for undertaking the aforesaid exercise.

The case be listed on 12th November, 2013 under ''Admission-I''.

Till then, there shall be stay of operation of the order dated 04.01.2013, by which warrant of arrest has been issued against the petitioner, by the Chief Judicial Magistrate, Gaya in connection with Nadriganj P.S. Case No. 58 of 2004.

Let a copy of the order be handed over to Mr. Pranav Kumar, learned A.P.P. for the State.

The order be communicated to the Court below through Fax also at the cost of the petitioner.