- (1.) R. K. Dash, J. Heard Counsel for the parties.
(2.) THIS application is filed under Sec tion 482 Cr. P. C. with a prayer to direct the Court below to accept fresh bail bond in case crime No. 8 of 2000 Police Station Kaushambi district Kaushambi since sub sequently the case has been converted to an of fence of rape. The prosecutrix (name omitted) lodged a report at Police Station Kaushambi, copy whereof at Annexure-1 alleging that the petitioner came from be hind and caught hold of her. On her raising cries her father-in-law Phool Chand and others rushed to the spot where after the petitioner made good his escape. On the basis of the said report a case under Sec tion 354 I. P. C. was registered. The petitioner was admitted to bail by Special Chief Judicial Magistrate, Allahabad as is evident from the order dated 4- 3-2000, copy whereof is at Annexure-2. It is sub mitted by the learned Counsel for the petitioner that subsequently the police on the basis of the statement of the prosecutrix converted the case to one under Section 3761. P. C. , whereupon move was made to cancel the bail. The learned Court below issued notice to the petitioner for appearance but no notice was served upon him and he was not aware of such a move being made by the prosecu tion. The learned Magistrate, however, is sued warrant of arrest against the petitioner and this led him to approach this Court by filing the present petition. Since sufficient materials were not produced by the petitioner in support of the contention as aforesaid, I called for the lower Court record for scrutiny. Having gone through the lower Court record I find that the learned Magistrate having closed his eyes to the provisions of law moved in a peculiar manner. It appears that on the petition of the Officer-in-charge of Police Station Sarai Aqil, Kaushambi, learned Magistrate passed order on the petition itself which is reproduced below: "heard. Perused the case diary. Issue notice to the accused to appear on 6-9-2000. Put up for disposal same day. "
(3.) SUBSEQUENT orders were passed not on the order-sheet but on the back side of the said petition, a perusal of which would reveal that on 27-11-2000 order was passed to issue warrant of arrest against the petitioner. The said order is extracted below for reference: "at this stage it is stated that notice has been served on accused but he is absent. As such issue non- bailable warrant against the accused. " I may note, it is no where stated either in the orders passed on 27-11-2000 or on previous dates that there was per sonal service of notice upon the petitioner. Without exhausting the normal made of service of notice, learned Magistrate mechanically issued warrant of arrest against him and being apprehensive of ar rest he has moved this Court for necessary relief.;