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Nanuram Saini & Anr. vs. State of Rajasthan & Anr.

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Code of Criminal Procedure, 1973–Secs. 70(2), 438 & 362–Penal Code, 1860–Secs. 418, 420, 465, 467, 468, 471, 406 & 120-B–After the dismissal of protest petition, revisional Court remanded back the matter for passing the fresh order–Magistrate took the cognizance and issued the arrest warrants–High Court had already granted the anticipatory bail to petitioners with the certain conditions–Whether there was any occasion for the Magistrate for issuing the arrest warrants?–Held, no–Orders of rejecting the application u/s. 70(2) and the issue of an arrest warrant deserve to be quashed.