SOHAN SINGH SOCIAL WORKER Vs. S.S. SOHAL

JUDGEMENT

(1.) THIS judgment will dispose of above titled Criminal Writ as well as Crl.Misc. 2839-M/1983 titled "Sohan Singh v. Addl. C.J.M. and others, and Cr.M.No. 3452-M of 1983 titled" Sohan v. S.S. Sohal and others, as in all these cases, the point involved is similar.

(2.) THE facts leading to these petitions are that the present petitioner Sohan Singh along with others was standing trial in the Court of Additional Chief Judicial Magistrate, Amritsar for committing an offence under section 323 Indian Penal Code. During the pendency of the case, revision against an order was filed by Sohan Singh, which was heard by the Additional Sessions Judge, Amritsar. he dismissed the revision petition vide order dated 31st January, 1983, and directed that the petitioner and others shall be tried in accordance with law by the Chief Judicial Magistrate. He further ordered that the case file be sent to the Court of Additional C.J. Magistrate, where the parties were to appear on 5th February, 1983. The petitioner and his co-accused did not appear in the Court of Additional Chief Judicial Magistrate, on the above date. The said Court issued summons to the petitioner and his co-accused. The petitioner was served but did not appear. The learned Court cancelled his bail bond and forfeited it. It also issued warrants of arrest for his arrest. Summons were ordered to be issued against the remaining accused. This order was passed on 26th February, 1983. It appears that in the meantime the petitioner filed an application in the Court of Chief Judicial Magistrate, Amritsar, for the transfer of the case, who dismissed the same. Warrants could not be executed against Sohan Singh petitioner. On 30th April, 1983, the learned Additional Chief Judicial Magistrate, ordered that he had reasons to believe that the petitioner was absconding and was not likely to be arrested in the near future and as such to secure his presence, proclamation under section 82 Criminal Procedure Code, be published for 2nd June, 1983. he also ordered that the file be put up on 4th May, 1983, for consideration of the issue of warrant of attachment of moveable property of the proclaimed offender. On 4th May, 1983, when the file was taken, one of the co-accused presented an application that the Sohan Singh petitioner was admitted in Guru Nanak Hospital. In the meantime Sohan Singh had also been sending applications and letters to the said Court. On 4th May, 1983 the learned Additional Chief Judicial Magistrate directed that the moveable property of the petitioner be attached. From the order dated 30-4-1983 it appears that the case had been instituted in 1978 and no tangible progress could be made in the case due to dilatory tactics and intentional absence of Sohan Singh petitioner at different stages of the trial, Sohan Singh appeared in custody in the said Court on 10th May, 1983, in execution of warrants of arrest. The Court refused to grant him the benefit of bail on the ground that he had been keeping away from the court intentionally and was declared proclaimed offender. Sohan Singh petitioner was ordered to be sent to judicial custody till the decision of the case.

(3.) THE learned counsel for the petitioner argued that while sending the case back, vide order dated 31st January, 1983, the learned Additional Sessions Judge, had ordered that the case be tried by the Chief Judicial Magistrate, and, therefore, the Additional Chief Judicial Magistrate had no jurisdiction to pass the various orders, reference to which has been made above. This argument has no force. Vide the above order, the learned Additional Sessions Judge also directed the parties to appear in the Court of Additional Chief Judicial Magistrate. Therefore, it was the bounded duty of Sohan Singh petitioner to have appeared in that court and till his presence was secured that Court had jurisdiction to pass the various orders.