R BABU SHANKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this petition filed under section 482, Cr. P. C. , the accused No. 2 in c. C. No. 1105/95 on the file of the Civil judge (Jr. Dn.) and JMFC-II Court, Hassan, has challenged certain orders of the Trial court issuing NBW and proclamation and attachment of property.

(2.) THE prosecution papers show that at about 6. 45 p. m. on 21-8-1992, the Revenue authorities seized a lorry bearing No. KA-04/2222 suspecting that granite stones were being transported in that lorry illegally; and directed the driver (accused No. l) not to remove the lorry from the spot until further orders. It is alleged that despite such direction, the said lorry was taken away by the driver without permission. Subsequently, he was apprehended and after investigation, a charge-sheet was filed against him and two others including the present petitioner for an offence punishable under Section 379 of the IPC read with rule 25 (1) and (2) of K. M. M. C. Rules, 1969. In the charge-sheet, the petitioner herein and the accused No. 3 have been shown as absconding accused and, therefore, the learned Magistrate ordered for issuing NBW against these accused. It is stated that despite the efforts of the Police, the accused No. 2 was not apprehended and as further step, proclamation and also warrant of attachment of property were issued to compel his appearance before the Court. It is those orders, which have been challenged in this petition.

(3.) CONTENDING that he was not absconding and that he came to know about the pendency of these proceedings only after the publication of the proclamation and that non-service of process on him earlier was due to insufficient address given in the charge-sheet and the wrong description of his name, the accused No. 2 has filed the present petition praying that relevant orders directing issuance of NBW, proclamation and attachment of properties be quashed.