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Meghalaya High Court · body

2019 DIGILAW 5 (MEG)

Graham Lyngdoh v. State of Meghalaya

2019-01-25

H.S.THANGKHIEW

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JUDGMENT : 1. Heard Mr. K. Paul, learned counsel for the petitioner and Mr. S. Sen Gupta, learned Addl. P.P. for the State respondents. 2. Mr. K. Paul, learned counsel for the petitioner while moving the revision application submits that the warrant of arrest under Section 73 Cr. P.C. dated 10.12.2018 and subsequent proclamation issued under Section 82 Cr.P.C. dated 21.12.2018 against the petitioner was passed by a Court lacking inherent jurisdiction to exercise the said powers under Cr.P.C. He also further submitted that the petitioner has serious apprehension that the said proceedings have not been followed in accordance with law and prays that records with regard issuance of warrant of arrest and proclamation be called before this Court. 3. Mr. S. Sen Gupta, learned Addl. P.P. accepts notice on behalf of the State respondents and seeks time to come with necessary instructions on the next date. 4. It is noted that this case arises from East Jaintia Hills District where separation of the Judiciary from the Executive is yet to be effected. As the order of warrant of arrest and proclamation were issued by the Addl. Deputy Commissioner. Learned Addl. P.P. is also directed to furnish the notification or any official communication which has empowered the Addl. Deputy Commissioner and the Assistant to Deputy Commissioner under the Cr. P.C. by the next date. 5. The records be called from the Court of Addl. Deputy Commissioner and to be transmitted to this Court at the earliest preferably within a period of 5(five) days. 6. List this matter on 04.02.2019. It is provided that until the next date no action shall be taken by the State respondents against the petitioner on the proclamation order dated 21.12.2018.