May 20, 2019:
Patna High Court has held that the statutory provisions under the Cr.P.C. confer wide jurisdiction to the Court of Magistrate to ensure the compliance of the orders passed by it.
A bench of Justice Singh has passed the order in the case titled as M/s Keshav Madhav vs State of Bihar on 06.05.2019.
Petitioner has filed a complaint case in the Court of Chief Judicial Magistrate, Patna vide Complaint Case No. 4263(C) of 2015 in which cognizance has been taken for the offences punishable under Sections 406 and 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act. After summoning, the respondent no. 6 filed an application under Section 205 of the Code of Criminal Procedure (for short CrPC'), which was dismissed vide order dated 22.08.2016. Thereafter, a bailable warrant of arrest was issued against him on 01.09.2016. Since he failed to appear after issuance of a bailable warrant of arrest, a non- bailable warrant of arrest was issued against him on 08.06.2017 through the office of the Police Commissioner, Kolkatta. However, till date respondent no. 6 has neither appeared before the Court of Chief Judicial Magistrate nor the police have produced him before the court.
High Court dismissed the petition by saying "Having heard learned counsel for the parties and perused the materials available on record, I find substance in the submission of the learned counsel for the State. The statutory provisions under the Cr.P.C. confer wide jurisdiction to the Court of Magistrate to ensure the compliance of the orders passed by it. In that view of the matter, I am not inclined to entertain this application in the extraordinary jurisdiction under Article 226 of the Constitution of India".
Read the Order here:
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