A magistrate cannot in a routine manner invoke power to issue warrants of arrest of an accused on an application moved by a police officer : Punjab and Haryana High Court
Gurjeet Singh Johar v. State of Punjab (P&H) PUNJAB AND HARYANA HIGH COURT Before :- Rajbir Sehrawat, J. CRM-M No.47872 of 2019 (O&M). D/d. 8.11.2019. Gurjeet Singh Johar - Petitioner Versus State of Punjab & another - Respondents For the Petitioner :- Mr. Vikram Chaudhri, Senior Advocate with Mr. Sangram Singh Saron, Mr. Rahil Mahajan and Ms. Shubhreet Saron, Advocates. IMPORTANT A magistrate cannot in a routine manner invoke power to issue warrants of arrest of an accused on an application moved by a police officer. Criminal Procedure Code, 1973, Sections 41 (1)(b)(ii), 482 and 483 - Indian Penal Code, 1860, Sections 406 , 420 and 120B - Issuance of warrant by Magistrate - Unless, there is any specific obstacle because of which police were not able to arrest and which could not be removed by police on their own and without aid of warrant of court, issuance of warrant of arrest by Magistrate, only on assertion of police that accused wa...