Manas Ranjan Tripathy vs State of Orissa

Pradip Mohanty, J.—Heard Mr. Muduli, learned Counsel for the Petitioner and Mr. Behera, learned Additional Government Advocate.

Mr. Muduli submits that the Petitioner has been directed to be released on bail by order dated 30.4.2003 passed by this Court in BLAPL No. 2628 of 2003. This Court by the said order directed that in the event the Petitioner is arrested, he should be released on bail by the arresting officer. Instead of arresting the arresting officer submitted the final form showing him as absconder. The learned Magistrate without going into the merits of the case issued N.B.W. against the Petitioner. Therefore, the learned Counsel for the Petitioner prayers for a direction to the Trial Court to release the Petitioner on bail and also prays for quashing the order dated 27.7.2005.

In view of Section 438(3) Code of Criminal Procedure it is the duty of the Magistrate to issue bailable warrant of arrest in the first instance against the accused person after taking cognizance. But from the order dated 27.7.2005 it reveals that after filing or the charge sheet under Sections 147/148/336/294/127/341/332/452/353/186/307/149 I.P.C., the learned Magistrate took cognizance and issued N.B.W. against all the accused persons including this Petitioner. Therefore, this Court directs the to pass necessary orders with regard to appearance of the accused persons by taking recourse to the provisions of Section 438(3) Code of Criminal Procedure in the first instance.

The CRLREV is disposed of.

Urgent certified copy of this order be granted on proper application.