VIKRAM KUMAR TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for directing the respondent-authorities to take proper action in connection with Trial No. 533 of 2017 arising out of Complaint Case No. 2001 of 2013 pending before the learned Judicial Magistrate, 1st Class, Muzaffarpur in which processes under Sections 82 and 83 of the Code of Criminal Procedure (for short 'Cr.P.C.') have been issued against respondent no. 7.

(3.) Learned counsel appearing for the petitioner submitted that the complaint was filed in the court of Chief Judicial Magistrate, Muzaffarpur on 29.07.2013 under Sections 406 and 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act. Vide order dated 29.07.2013 itself, the learned Chief Judicial Magistrate, Muzaffarpur transferred the case to the court of Shri Mithilesh Kumar, Judicial Magistrate, 1st Class, Muzaffarpur under Section 192 of the Cr.P.C. for inquiry and disposal of the case in accordance with law. Thereafter, the statement of the complainant was recorded on oath under Section 200 of the Cr.P.C. In course of inquiry conducted under Section 202 of the Cr.P.C., two witnesses were examined, whereafter vide order dated 24.01.2014, the learned Judicial Magistrate summoned respondent no. 7 to face trial for the offence punishable under Section 138 of the Negotiable Instruments Act. Since respondent no. 7 did not appear before the court after issuance of summons, bailable warrant of arrest was issued vide order dated 20.10.2014. Thereafter, non-bailable warrant of arrest was issued against him vide order dated 25.11.2014. As the respondent no. 7, who was summoned to face trial did not appear in spite of issuance of bailable and non-bailable warrant of arrests, the order of proclamation was made under Section 82 of the Cr.P.C. on 11.07.2016. After order of proclamation, vide order dated 03.04.2017, order of attachment was issued against respondent no. 7 under Section 83 of the Cr.P.C. Thereafter, vide order dated 18.10.2017, respondent no. 7 was declared absconder and the office was directed to keep the record in safe custody.