IRFAN KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned APP for the State.

(2.) Petitioner has filed this petition under Section 482 Cr.P.C. for quashing of the order dated 21.02.2017 passed by the learned Judicial Magistrate 1st Class, Sherghati, Gaya in G.R. Case No. 221 of 2000 arising out of Barachatti P.S. Case No. 60 of 2000, Tr. No. 1108 of 2015 whereby learned Magistrate declared the petitioner and other accused persons as absconder and order dated 28.03.2018 passed by the learned Sessions Judge, Gaya in Criminal Revision No. 20 of 2018 whereby the learned Sessions Judge dismissed the revision petition of petitioner filed against the aforesaid order of the learned Magistrate.

(3.) Factual Matrix of the case is that Barachatti P.S. Case No. 60 of 2000 was instituted under Sections 323, 341, 337, 427 and 379/34 of the Indian Penal Code against the petitioner and five other named accused persons on the basis of the written report filed by Shri Shiv Pujan Singh. After investigation of the case, I.O. submitted chargesheet under Sections 341, 323, 337 and 427/34 of the Indian Penal Code. After perusing the chargesheet and the case diary, learned S.D.J.M, Sherghati, Gaya took cognizance of the offence against four accused persons including the petitioner vide order dated 22.02.2001 and the case was fixed for appearance of the accused persons, but the accused persons did not turn up in the case and finally they were declared absconder by learned Magistrate and permanent warrant of arrest was ordered to be issued against them vide order dated 21.02.2017.