SHAILESH KUMAR Vs. RAJIV RANJAN @ MANTU & ORS

JUDGEMENT

(1.) Heard Sri Akhileshwar Prasad Singh, learned counsel for the petitioner, Sri Gaurang Chaterjee, learned counsel appearing on behalf of Opposite Party no.2 and the learned A.P.P. for the State.

(2.) The petition seeks the quashing of order dated 19.2.2000 passed by Sri Mahbood Hasan, Judicial Magistrate, 1st Class, Patna in Complaint Case No.507(C)of 1999 by which he declared Rajiv Ranjan @ Mantu a permanent absconder as could be done under Section 299 of the Cr.P.C.

(3.) The grievance of the petitioner is that for passing the order, the learned Magistrate was simply seeking a report from Agamkuan police station about the disappearance or killing of the said Rajiv Ranjan alias Mantu as suspected by some one and, accordingly, a report was received which indicated that a Sanha entry was made vide entry no.656 dated 17.7.1998 by which it was reported by the complainant himself that the man had gone missing and considering that the impugned order was passed.