SHOBHANAND JHA @ RAVISHANKAR PRABHAKAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has approached this Court seeking setting aside of order dated 25.10.2016 passed by learned Chief Judicial Magistrate, Ambala (Annexure P-4) in FIR No.115 dated 21.3.2014 at Police Station Ambala City, District Ambala, Haryana under Sections 406 and 420 of Indian Penal Code, 1860, whereby the petitioner has been declared a proclaimed offender.

(2.) Shorn of unnecessarily details, the facts, in brief, are that petitioner is involved in case FIR No.115 dated 21.3.2014, wherein the allegations are that 'M/s J.K. Jute Mills' had supplied 1300 gunny bales (each bale containing 500 bags), which did not even bear the marking of brand 'J.K. Jute Mills' and were either bearing marking of some other brand or were not bearing any marking at all. HAFED informed about the matter to Director General, Food and Supplies, Haryana (DGFS), who constituted a committee. The said committee visited Rail Head, Ambala and inspected the condition of bales and it was found that the bales do not contain markings of the agency. It is alleged that the mill had cheated HAFED and caused wrongful loss to HAFED while causing wrongful gain to itself by supplying old, mutilated, torn and unbranded gunny bales.

(3.) Since, the petitioner could not be arrested by the police despite efforts made by the police, proclamation under Section 82 Cr.P.C. was issued vide proclamation notice dated 1.9.2016 (Annexure P-5). The said notice reads as follows:- <FRM>JUDGEMENT_181_LAWS(P&H)7_2019_1.html</FRM>