Arrest warrant cancellation granted where investigation was complete and the accused had cooperated throughout the case.

An arrest warrant cancellation application under Section 70(2) of the Code of Criminal Procedure was found unsustainable where the accused had cooperated throughout investigation and the charge-sheet had already been filed. In that situation, continued insistence on arrest would serve no useful purpose. The High Court therefore set aside the rejection of the cancellation request, while directing the applicant to appear and furnish bail bonds to the trial court by the specified date.

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Issues: Whether the rejection of the application for cancellation of the arrest warrant under Section 70(2) of the Code of Criminal Procedure, 1973 was sustainable when the accused had cooperated in the investigation and the charge-sheet had already been filed.

Analysis: The applicant had cooperated throughout the investigation, which had already concluded with the filing of the charge-sheet before the trial court. In those circumstances, insisting upon arrest would serve no useful purpose. The challenged order rejecting the application under Section 70(2) could not be sustained to that extent.

Conclusion: The rejection of the application for cancellation of the arrest warrant was set aside, subject to the applicant's appearance and furnishing of bail bonds to the satisfaction of the trial judge by the specified date.

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