RONGON MUKHOPADHYAY,J. - (1.) Heard Mr. Indrajit Sinha, learned counsel appearing for the petitioner and Mr. Sanjay Kumar Srivastava, learned A.P.P., for the State.
(2.) In this application the petitioner has prayed for quashing of the order dated 21.03.2016 passed by the learned Judicial Magistrate, 1st Class, Ghatsilas whereby and where under the representation petition preferred by the petitioner under section 317 of the Cr.P.C., 1973 has been rejected and bail bond has been cancelled and non-bailable warrant of arrest has also been directed to be issued against the petitioner. The petitioner has further prayed for quashing of the order dated 16.11.2016 by which proclamation under Section 82 Cr.P.C., 1973 has been ordered to be issued against the petitioner in connection with Dhalbhumgarh P.S. Case No. 40 of 2012.
(3.) It has been stated by the learned counsel for the petitioner that the petitioner has preferred an application for discharge which on being rejected led the petitioner to file revision application and considering the said fact the representation petition under Section 317 Cr.P.C., 1973 was allowed from time to time. It has been stated that on 02.03.2016 the representation petition under Section 317 Cr.P.C., 1973 of the petitioner was also allowed. Learned counsel submits that however on 21.03.2016 without there being any direction to the petitioner to physically appear while refusing to entertain the application under Section 317 Cr.P.C., 1973 the bail bond of the petitioner was cancelled and non-bailable warrant of arrest was issued which subsequently led to issuance of proclamation under Section 82 Cr.P.C., 1973 without there being any execution report of the non-bailable warrant of arrest. Learned counsel submits that in terms of Section 317 Cr.P.C., 1973 the learned trial court was precluded from rejecting the application under Section 317 Cr.P.C., 1973 and at the same time cancel the bail bond as well as issue non-bailable warrant of arrest against the petitioner for which he has referred to the case of Sandeep Kumar Tekriwal v. State of Bihar and Ors. reported in 2009 (1) East Cr. Cs. 233S (Patna) .;