- (1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the opposite Party No.2 as well as learned counsel appearing for the State.
(2.) THIS application has been filed for quashing of the order dated 12.03.2012, whereby, warrant of arrest has been ordered to be issued against the petitioner and also for quashing of the order dated 23.05.2012, and 26.06.2012, whereby, processes were ordered to be issued under Section 82 of the Cr.P.C. as well as under Section 83 of the Cr.P.C. respectively. Mr. Tewari, learned counsel appearing for the petitioner submits that a case was registered as Dhanbad [Bank More] P.S. Case No.104 of 2012 [arising out of Complaint Case No.154 of 2012] for commission of the offence punishable under Sections 406, 420, 506 /34 of the Indian Penal Code against the petitioner. In that case warrant of arrest was ordered to be issued on 12.03.2012. When the warrant of arrest was issued, the petitioner moved to this Court for quashing of the First Information Report in a Writ Petition being W.P.[Crl.] No.49 of 2012. The court after hearing it at the first instance, passed an order to the effect that no coercive action shall be taken against the petitioner. However, that application got dismissed on 18.05.2012, as a result of which interim order, granting interim protection stands vacated. Upon case being dismissed, information to that effect was given by the Opposite party No.2 before the court below on 21.05.2012. Thereafter an order was passed on 23.05.2012, whereby process under Section 82 of the Cr.P.C. was ordered to be issued against the petitioner though before issuance of the process under Section 82 of the Cr.P.C., no report relating to execution of the warrant of arrest had ever been submitted before the court and thereby, the order dated 23.05.2012 becomes quite illegal.
(3.) SIMILARLY an order was passed on 26.06.2012, whereby and whereunder, process under Section 83 of the Cr.P.C. was ordered to be issued without having any valid report relating to the execution of the process under Section 82 of the Cr. P. C.;