Chandra Bhan & Anr vs State & Anr on 15 January, 2009

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                       S.B.Cr.M. Pet. No. 1528/06
                       Chandra Bhan Vs. State

                 Date of order           :      15.01.2009


     HON'BLE MR. KISHAN SWAROOP CHAUDHARI, J.

Mr. S.S. Jodha, for the petitioners.

Mr. B.R. Chahar, for Mr. G.R. Punia,for respondent No. 2.
Mr. L.R. Upadhayay, P.P.

Heard learned counsel for the parties.

Learned counsel for the petitioner submits that petitioner No. 1

was released on anticipatory bail, by this court vide order dated

23.2.2006 and he intimated to investigating officer regarding grant of

anticipatory bail vide registered letter dated 7.3.2006. Eeven then,

investigation officer filed charge sheet against the petitioner No. 1 on

18.7.2006 under Sec. 299 Cr.P.C..

Learned Public Prosecutor could not show me any efforts made

by Investigating Officer regarding arrest of petitioner No. 1. In such

circumstances, it was not proper on the part of the Investigating

Officer to file challan against petitioner No. 1, under Sec. 299 Cr.P.C.

By order dated 18.7.2006, learned trial court has mentioned that

proceedings under Sec. 82 and 83 Cr.P.C. have already been initiated

against the petitioner No.1 and standing warrant of arrest has been
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issued, but it is not clear that when these proceedings were initiated

and when petitioner No. 1 has been released on anticipatory bail. No

question arise for initiating proceedings under Sec. 82 and 83 Cr.P.C.

against the petitioner No. 1 and issuing standing warrant of arrest

against him.

In such circumstances, proceedings initiated against the

petitioner No. 1 under Sec. 82 & 83 Cr.P.C. are hereby quashed and

standing warrant of arrest issued by the trial court is cancelled and the

trial court is directed to release the accused on bail, if he appears on

next date in the court.

Learned counsel for the petitioner submits that he will take all

objections before the trial court at the time of hearing arguments for

framing charge.

This petition is partly allowed as aforesaid and order of initiating

proceedings under Sec. 82 and 83 Cr.P.C. and issuing standing

warrant of arrest against the petitioner No. 1 is hereby quashed.

(KISHAN SWAROOP CHAUDHARI),J.

ns.