SANJAY Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of cr. P. C, seeking quashment of the proclamation dated 23. 11. 2008 (Annexure A-5) issued by Superintendent Police, Mandsaur. It is said in the proclamation that a perpetual warrant of arrest was issued on 20. 4. 2005, in furtherance to the order of Additional Sessions Judge, Bhanpura dated 12. 4. 2005 in S. T. No. 91/03, offering a reward of Rs. 500/- on petitioner, payable to whom, who shall furnish the intimation of the said accused or produce him in the custody. __

(2.) IT is the case of the petitioner that the Police Station Bhanpura, District mandsaur registered an offence under Sections 323, 341 and 326 of IPC vide crime No. 26/95, wherein two persons were named and 50 others were unknown. After recording statements of 161 of Cr. P. C. by police eight persons were made accused, while filing challari. Out of them seven accused persons were put into trial and one person Sanjay S/o Kanwarlal had shown absconded. The Additional sessions Judge, Bhanpura passed an order in ST No. 91/2003 dated 12. 4. 2005 showing him absconding and directed to issue perpetual warrant of arrest.

(3.) IT is submitted that in the order of committal, the name of accused No. 8 has shown Sanjay S/o Kanwarlal, while the perpetual warrant of arrest was issued against Sanjay S/o Bhanwarlal. Petitioner by attaching the voter I. D. card issued by Election Commission and Permanent Account Number of Income Tax department, submitted that issuance of a proclamation in the name of the petitioner i. e. Sanjay S/o Bhanwarlal in place of Sanjay S/o Kanwarlal is without any basis and illegal, hence liable to be quashed.