SIYA DEVI Vs. STATS OF BIHAR

JUDGEMENT

(1.) This petition in revision by the informant petitioner is directed against the order dated 11-7-1994 passed by the Second Additional Sessions Judge, Vaishali in S. T. No. 190/93, State V/s. Raj Kumar Singh and others, whereby the learned Additional Sessions Judge rejected the petition (Annexure-3) filed by the informant petitioner.

(2.) The impugned order (Annexure-4) dated 11-7-1994 shows that the informant petitioner had filed similar petition earlier which had been rejected by the learned Additional Sessions Judge on the grounds mentioned therein and the informant petitioner had taken time to move this Court against the said order but instead of moving this Court against the said order, the informant petitioner again filed similar petition (Annexure-3) which has been rejected by the impugned order on this very ground. Earlier order passed by the learned Additional Sessions Judge on the earlier similar petition filed by the informant petitioner is dated 23-6-1994 and is Annexure-5 to the supplementary affidavit filed on behalf of the petitioner on 23-8-1994. The order dated 23-6-1994 shows that the informant petitioner had filed one more petition (Annexure-7 to the second supplementary affidavit) praying therein for passing order under Section 299, Cr. P. C. for recording evidence in absence of the absconding accused so that the evidence so recorded might be used against them when they are apprehended. The learned Additional Sessions Judge rejected this petition also saying that there is no necessity of passing an order to this effect as there is clear provision of law in this regard.

(3.) From para 4 of the second supplementary affidavit filed on behalf of the informant petitioner, it would appear that the record of absconder accused Srikant Das was separated from the main record as per order dated 10-5-1994. Para 7 of the second supplementary affidavit shows that the record of absconder accused Neta @ Chandradeep Singh and Chandrika Sahni was separated as per order dated 10-8-1994 (Annexure-6) i.e. after passing of the impugned order dated 11-7-1994, A perusal of the orders dated 23-6-1994 and 10-8-1994 shows that the accused Srikant Das, Neta@ Chandradeep Singh and Chandrika Sahni have been declared absconders by the learned Additional Sessions Judge.