WRIT PETITION 32 of 1998 on 20 November 2006

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(Cr.) No. 306 of 2012

Chotan Bhuian @ Sanjeev Bhuian

.... .. Petitioner ......Respondents

Versus

The State of Jharkhand & Ors.

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CORAM: HON’BLE MR. JUSTICE P.P.BHATT

For the Petitioner : Mr. Devesh Krishna, Adv.For the Respondents : Mr.Rangan Mukhapadhyay, Adv.

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6/30.08.2013 The petitioner by way of present petition has prayed for quashing the entire criminal proceeding in connection Meral P.S. Case No.32 of 1998 corresponding to G.R. Case No.271 of 1998 registered under Sections 121, 121A, 122, 216, 124A of the I.P.C & Section 17 of the C.L.A Act and also prayed for quashing of the order dated 20.11.2006 whereby non-bailable warrant against absconding accused has been issued by the learned Chief Judicial Magistrate, Garhwa.

Heard learned counsel for the petitioner as well as respondent-State. Perused the material placed on record.

So far as first part of the prayer is concerned, the learned counsel for the petitioner is not pressing the same and is not required to be dealt with on merits. So far as second part of the prayer clause is concerned, it appears that the summon was ordered to be issued on 19.10.2006 in Sessions Trial No.130 of 2009 (G.R. No.271 of 1998) and the case was kept on 19.11.2006.

On perusal of impugned order dated 20.11.2006, it appears that the non-bailable warrant order was issued to the absconding accused persons including the present petitioner without mentioning anything about service report of summons issued earlier; and the matter was kept on 20.12.2006 for appearance. It appears that till date the petitioner has not appeared in pursuance to the above referred order.

Learned counsel for the petitioner submitted that the petitioner was made accused in another criminal case and was in custody from 19.09.1997 to 25.11.1998 and subsequently he was remanded in another case on 28.07.2000. It appears that charge sheet was filed in the present case on 30.07.2006. Learned counsel for the petitioner states that petitioner is ready and willing to co-operate in the Sessions Trial and, accordingly, he will remain present on a date that may be fixed by the court.

It appears that the petitioner has not presented himself before the court by execution of non-bailable warrant despite order dated 20.11.2006, however, since the learned counsel for the petitioner submitted that the petitioner is ready and willing to produce himself before the court in connection with Sessions Trial No.130 of 2009. The non-bailable warrant issued against the petitioner is stayed till 9.9.2013. The petitioner is directed to appear on 09.09.2013 before the learned Sessions Judge, Garhwa in connection with S.T. No.130 of 2009, so that further proceeding of trial can take place. If the petitioner fails to appear on 9.9.2013, the court below shall take further appropriate steps by issuance of fresh non-bailable warrant against the petitioner. The petitioner shall co-operate to the court below in the trial. So far as further proceedings of the Sessions Trial case is concerned, the same be fixed by the court below securing the appearance of the present petitioner as may deem fit and proper.

With aforesaid observation & direction, this writ petition (Criminal) stands disposed of.

Let a copy of this order be communicated through FAX at the cost of the petitioner.

(P.P. Bhatt, J.)