- (1.) THE defect No. 9(i) is hereby ignored. So far defect No. 9(ii) is concerned, the same be removed in course of day.
(2.) THIS application is directed against the order dated 8.2.2013 passed by learned Special Judge (Vigilance), Ranchi in Special Case No. 15 of 2009(R) (Vigilance P.S. Case No. 11 of 2009) whereby and whereunder learned trial Court passed an order for issuance of non -bailable warrant against the petitioner. The ground on which the impugned order is being sought to be quashed is that the order under which warrant of arrest was ordered to be issued against the petitioner is never in consonance with the provision as contained in Section 73 of the Code of Criminal Procedure, as the warrant of arrest was sought to be issued on the ground that only upon arrest of accused person something could be divulged in the matter and that the accused persons in that event could be forced to surrender before the Court and that the sufficient evidences have been collected by the Investigating Officer but all those grounds are non est so far it relates to issuance of warrant of arrest in terms of the provision as contained in Section 73 of the Code of Criminal Procedure and thereby the order impugned is fit to be quashed
(3.) AS against this, Mr. Shailesh, leaned counsel appearing for the Vigilance, submits that ample evidences have already been collected against the petitioner and, thereby if the Court has issued warrant of arrest on the basis of there requisition submitted by the Investigating Officer, no illegality has been committed and that the police does have power to arrest a person if he is an accused in a cognizable case.;