NARENDRA BUTALA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing of the order dated 20.11.2013 passed by the Special Judge, Vigilance, Ranchi in Vigilance P.S. Case No. 20 of 2009 (Special Case No. 25 of 2009), under which warrant of arrest has been ordered to be issued against the petitioner, as well as for quashing of the entire criminal case on account of denial of right to speedy justice, but according to learned counsel appearing for the petitioner, the petitioner would presently be confining his prayer with respect to quashing of the order dated 20.11.2013. It appears that under order dated 20.11.2013, warrant of arrest was ordered to be issued against the petitioner as well as other accused persons including Md. Hamza. Said order dated 20.11.2013 had earlier been challenged by Md. Hamza and the said order was quashed for the reason that the said order was never passed in consonance with the provision as contained in Section 73 of the Criminal Procedure Code. Similar is the case with this petitioner.

(2.) Accordingly, the order dated 20.11.2013 is hereby quashed. Notwithstanding the fact that the order for issuance of arrest has been quashed, the police or the investigating agency does have power to arrest the person even in absence of warrant of arrest in a cognizable offence but that power is subject to the conditions stipulated under Section 41 Cr.P.C.