WPCRL/717/2022
2022 Latest Caselaw 1622 UK

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                        COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      25.05.2022                        WPCRL No. 717 of 2022
                                        Hon'ble Alok Kumar Verma, J.

Heard Mr. Akshay Pradhan, learned counsel for the petitioner and Mr. S.S. Adhikari, learned Deputy Advocate General for the State.

The learned counsel for the petitioner submitted that before cognizance of the case, the Magistrate has no authority to issue non-bailable warrant, process under Section 82 and Section 83 of the Code of Criminal Procedure, 1973.

In support of his submissions, the learned counsel for the petitioner has relied upon a judgment dated 08.11.2019, passed by the Hon'ble Punjab and Haryana High Court at Chandigarh in CRM-M No.47872 of 2019, "Gurjeet Singh Johar vs. State of Punjab and Another", The learned counsel appearing for the State submitted that the said judgment is not applicable in the facts of this matter.

The learned counsel for the State further submitted that cognizable offence is disclosed in the First Information Report and requested further time to file counter affidavit.

In the interest of justice time is granted.

Counter affidavit be filed within a week.

List this case on 13.06.2022. The learned counsel for the petitioner requested time to file rejoinder affidavit, after receiving the copy of the counter affidavit.

(Alok Kumar Verma, J.) 25.05.2022 Pant/