SAROJ YADAV,J. - (1.) This petition under Section 482 of The Code of Criminal Procedure, 1973 (in short "Cr.P.C.) has been filed by the petitioner to quash the non-bailable warrant (in short "NBW") dated 08.06.2021 issued by the Chief Judicial Magistrate, Ayodhya as well as the order dated 02.07.2021 issued under Section 82 Cr.P.C. against the petitioner in Case Crime No. 107 of 2021, under Section 60-A, 60 of Excise Act and Sections 302, 307, 120B, 419, 420, 467, 468, 471, 472 and 34 of the Indian Penal Code, 1860 (in short "I.P.C.", Police Station Gosaiganj, District Ayodhya. A further prayer has been made to direct the opposite parties no. 2 and 3 not to arrest the petitioner in pursuance of the aforesaid orders.
(2.) Heard Sri S.P. Singh Somvanshi, learned counsel for the petitioner and Sri Vipul Gupta, learned Additional Government Advocate appearing on behalf of the State.
(3.) Learned counsel for the petitioner submitted that the Chief Judicial Magistrate has no power to issue NBW as well as proclamation under Section 82 Cr.P.C. against the petitioner in a routine manner. The case is under investigation, so the Court has no ground to issue NBW as the Investigating Officer himself has power to arrest without warrant. The Magistrate concerned has issued NBW and proceeding under Section 82 Cr.P.C. in a routine manner without applying its legal mind. In support of his contentions, he has relied upon the following case laws:- (i) Raghuvansh Dewanchand Bhasin Versus State Of Maharashtra and Anr, AIR 2011 SC 3393, (ii) Piyush Verma Versus The State of Jharkhand, Cr. M.P. No. 435 of 2019, (iii) Gurjeet Singh Johar Versus State of Punjab and another, 2019 SCC On-line P&H 2606. ;