JUDGEMENT
RONGON MUKHOPADHYAY, J. -
(1.) HEARD Mr. Kalyan Roy, learned counsel appearing for the petitioner and Mr. P. K. Sahay, learned A.P.P. appearing for the State.
(2.) IN this application, the petitioner has prayed for quashing the order dated 03.06.2014 passed by Smt. Nirja Ashri, Judicial Magistrate, Bermo at Tenughat whereby and whereunder warrant of arrest has been issued against the petitioner as well as the order dated 17.06.2014 passed by the same Court by which process under Section 82 of Cr.P.C. has been issued against the petitioner in connection with Gomia P. S. Case No. 70 of 2014 corresponding to G. R. No. 575 of 2014 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302 of Indian Penal Code.
(3.) THE FIR which was instituted on the basis of a Fard Beyan of the informant reveals that on 20.05.2014, the nephew of the informant namely, Safiullah Ansari was assaulted by one Wahid Ansari and on getting such information when the informant went to the house of the Wahid Ansari to complain about the alleged assault, several accused persons armed with deadly weapons assembled near the house of the informant and assaulted several persons including the informant as a result of which the nephew of the informant died.
After institution of the case, the Investigating Officer made an application before the learned Court below for issuance of warrant of arrest against the petitioner and vide order dated 03.06.2014 warrant of arrest was issued against the petitioner. Subsequent thereto vide order dated 17.06.2014 process under Section 82 of Cr.P.C. against the petitioner was also issued.;
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