BIRENDRA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER Birendra Kumar Singh, an accused in M.V. Suit No. 85 of 1993 corresponding to Tr. No. 626 of 1993, pending in the Court of Judicial Magistrate, 1st Class, Aurangabad, has filed this application under Section 482 of the Code of Criminal Procedure praying therein to quash the order dated 30.1.1996 recorded by the learned lower Court whereby and whereunder the petitioner had been declared absconder and a permanent warrant of arrest had been issued against him in a case in which cognizance of offence was taken under Sections 192 and 177 of the Motor Vehicles Act.

(2.) THE submission of the learned Counsel in short is that the petitioner was not even aware that his presence was required in the case to face trial so much so that neither any summons or notice was served upon him nor he was aware of issuance of any warrant of arrest, bailable or non-bailable, which in any case, had not been executed against him.

(3.) OBVIOUSLY in this case the bailable warrant of arrest was issued by the learned lower Court without receipt of service report of the summons and, subsequently, non-bailable warrant of arrest and processes under Sections 82 and 83 of the Code were ordered to be issued without the report of the execution of the bailable warrant of arrest and, lastly, the impugned order was passed without there being anything on record that the petitioner was aware of the pendency of the case against him in any manner. OBVIOUSLY, the impugned order cannot be sustained. It, under the circumstances, cannot be said that it had been proved that petitioner had absconded.