(SMT.) MANJU DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard. This is an application under Section 482 of the Code of Criminal Procedure filed by the petitioner, Smt. Manju Devi, for quashing the order dated 25.7.2002 and 30.4.2004 passed by the SDJM, Bhabhua on 25.7.2002 and 30.4.2004 in Complaint Case No. 575 of 1999, Trial No. 258 of 2004.

(2.) It appears that the petitioner had filed the above complaint case on 10.9.1999 against her husband Ram Shingar Shahni end others for action under Sections 498-A. 323 and 307 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. The complaint was transferred under Section 192, Cr PC to the Court of SDJM who took cognizance under Sections 498-A of the Indian Penal Code and 3 of the Dowry Prohibition Act against all the accused persons. The other accused persons appeared but the husband Ram Shingar Shahni did not appear. Ultimately, processes under Sections 82 and 83 were against the husband and after the receipt of execution report when the accused did not appear and the petitioner also filed a petition that there was no likelihood of the appearance of the accused in near future, the learned SDJM felt that there was actually no possibility of the apprehension of the accused in near future and so he declared the accused as absconder and ordered to issue permanent warrant of arrest against him.

(3.) It further appears that the trial proceeded against other accused persons and after the close of the prosecution evidence, the petitioner filed a petition before the learned SDJM to issue warrant of arrest against her husband. The learned SDJM by order dated 30.4.2004 rejected the prayer on the ground that as permanent warrant of arrest has already been issued, in order to issue fresh warrant of arrest, the earlier order of issuance of permanent warrant of arrest has to be recalled, which is beyond his jurisdiction.