Patna HC dismisses Arrest Warrant against Nirmal Baba

Patna high court has dismissed the order of Araria’s chief judicial magistrate (CJM) who issued a non-bailable warrant (NBW) of arrest against Nirmal Baba.

Justice Ashwani Kumar Singh passed the order on a criminal writ petition filed by advocate Vidhyachal Singh on behalf of his client Nirmal Baba challenging the arrest warrant issued by the Araria court.
Setting aside the NBW, the judge said that there was no legally valid ground for arrest of the petitioner without fulfilling conditions and prerequisites, like notices and summons against an accused person

Justice Singh, however, agreed to the submission of additional advocate general (AAG) Devendra Kumar Sinha that under Section 41 of the CrPC, police can arrest a person, Nirmal Baba in this case, in accordance with law if there is sufficient material for arrest. Sinha said there was no need for the police to move the CJM’s court seeking non-bailable warrant of arrest as the charge levelled against Nirmal Baba was a cognizable offence.

The Araria court had issued arrest warrant against the Self Proclaimed Fodman on May 19 last while hearing the case filed by Rakesh Kumar Singh. Singh, in an FIR lodged at Forbesganj police station on April 21 under sections 417 and 420 of the IPC had alleged that he had deposited Rs 1000 in the Baba’s bank account for grant of an audience with him to seek solution to his financial problems, but the Godman’s counsel did not have any bearing on his problems.

Nirmal Baba’s counsel Vindhyachal Singh submitted that issuance of a non-bailable warrant against his client by the CJM in a case of cheating filed by one Rakesh Kumar was illegal. The petitioner’s counsel added that the complainant’s claim was that he had watched Nirmal Baba’s programme on a television channel and sent Rs 1,000 in three instalments to him as he promised financial benefit which remained elusive.