RABI MANSINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) Learned Additional Government Advocate accepts notice on behalf of the State.

(2.) THOUGH the matter has been listed for admission, on the consent of the learned counsel for the parties, the same is taken up for final disposal.

(3.) THE petitioner is an accused in Tangi P.S. Case No. 49 of 2002 corresponding to G.R. Case No. 256 of 2002 pending the Court of learned S.D.J.M., Khurda for offences under Sections 341, 324, 294, 506 I.P.C. In the said case learned S.D.J.M., Khurda issued summons to the petitioner -accused. Inspite of service of summon the petitioner failed to appear in the Court on the date fixed, i.e. on 17.12.2004 as a result of which the learned S.D.J.M., Khurda directed issue of N.B.W. for production of the petitioner. Aggrieved, the petitioner has filed the present application under Section 482, Cr.P.C. for quashing the said order dated 17.12.2004 basically on the ground that summons was never served on him personally and he was not aware of the date fixed by the Court for his appearance.