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2023 (8) TMI 45 - JHARKHAND HIGH COURTValidity of bailable and non-bailable warrants issued - GST evasion - Allegation of cretionof fake entities - avoiding the summoning orders - HELD THAT:- There is no quarrel with the legal position that in a warrant triable case, after cognizance, the Court has power to issue warrant of arrest under Section 204 of the Cr.P.C. The Court has power to issue summon even in a warrant case, but there is no mandate of law that in all circumstance, even in warrant cases, the Court is bound to issue summons. What has been stated in the case of Santender Kumar Antil [2022 (8) TMI 152 - SUPREME COURT] by Hon’ble Supreme Court that the Court need to record special reason while issuing warrant in such cases. In the present case, processes have been issued post-cognizance and it has been rightly contended on behalf of petitioners that once the summons had been issued, the Court could issue warrant only after receipt of the service report. Had such a warrant been issued in the pre-cognizance stage during the investigation things would have been different, as the petitioners had been served summons several times, but they deliberately avoided appearance before the investigating agency, despite the direction of this Court to appear before the said agency. The impugned order of issuing the warrant of arrest is set aside - Petition allowed.
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