- (1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the Vigilance.
(2.) THE order, dated 09.07.2013 passed in Vigilance P.S. Case No.11 of 2009 [Special Case No.15 of 2009], whereby and whereunder warrant of arrest has been ordered to be issued against the petitioner, is being sought to be quashed on the ground that the same has been passed in derogation of the order passed by this Court on 17.05.2013 by which the order under which warrant had been issued was quashed. Mr. Mazumdar, learned Senior Counsel appearing for the petitioner submits that earlier on a requisition submitted by the I.O., when an order was passed for issuance of warrant of arrest it was challenged before this Court. This Court having found that the said order had never been passed in consonance with the provision as contained in Section 73 of the Criminal Procedure Code, quashed that order. In spite of that, the I.O. submitted a fresh requisition before the court below, praying therein, to issue warrant of arrest against 11 persons including the petitioner on the plea that they are evading arrest and in order to substantiate its plea, reference of the paragraphs of the case diary have been given wherein the dates on which raids were laid for arresting the accused have been mentioned, but it is not specific as to when raid was laid to arrest a particular accused and as such, it was quite vague as to when raid was laid to arrest this petitioner. Therefore, any opinion formed on such material that the petitioner is evading arrest is quite untenable. Moreover, all the dates when it is said that raids Anita Gorai Versus State Of Jharkhand were laid are prior to 17.05.2013 which never gives a fresh cause of action to Investigating Officer to make prayer for issuance of warrant of arrest against the petitioner. In spite of that the court has passed order for issuance of warrant of arrest which is quite illegal.
(3.) AS against this, Mr. Shailesh, learned counsel appearing for the Vigilance submits that earlier when the order was passed for issuance of warrant of arrest against the petitioner, that order when was challenged, it was set aside by this Court on the ground that the order was never, in consonance with the, provision as contained in Section 73 of the Criminal Procedure Code and purely on technical ground the order under which warrant of arrest had been issued was set aside. Subsequent to that the I.O. came forward with a fresh requisition, stating therein that this petitioner and other accused persons are evading arrest and on that ground, prayer was made for issuance of warrant of arrest.;