HAJI KALA KHAN Vs. STATE

JUDGEMENT

(1.) THROUGH the medium of this revision petition orders dated 01 -06 -1088 and 13 -08 -1988 passed (in sessions Case No. 14/82) by the learned Sessions Judge Rajouri have been assailed as being illegal and perverse.

(2.) THE factual matrix of the case lies in a narrow compass and is to the effect that petitioner -accused alongwith coaccused have been facing trial in the above stated case for the commission of the offences falling under sections 376/366, 149/368 and 354 R.P.C. It appears that accused had absented and warrants of arrest was issued against him for securing the presence. In terms of the impugned order dated 01 -06 -1988 the statement of constable Mohd. Razak was recorded by the trial court, who was entrusted with the job of execution of the warrant. The said constable had stated that the petitioner accused had absconded as he had gone to Saudi Arbia. He further had stated that the petitioner accused had been intentionally avoiding the execution of the warrants and there were no prospects of his immediate arrest. On this showing, the learned trial Judge was satisfied that petitioner accused had absconded and concealed himself in order to avoid the pending proceeding. Consequently, he was declared as a proclaimed offender. Publication to that effect was issued in accordance with the law. After this, on 13 -08 -1988, the learned trial Judge passed the order dated 13 -08 -1988 whereby property of the petitioner accused consisting of Khasra nos. 345,613, 1614 to the extent of his 1/3rd share and a house build over Khasra no. 614 was attached. This was done by invoking the provision of Section 88 of the Code of Criminal Procedure. The concerned collector was directed to attach the said property and place the same on superdrama of somebody. These orders passed by the learned trial Judge have been assailed on the grounds that no warrant of arrest issued against him and under these circumstances there could be no basis for presuming or holding that he was avoiding the execution Of the service of warrant issued against him. The learned Sessions Judge had passed these orders without proper application of mind and thus the tendentious effect of carrying miscarriage of justice.

(3.) IT was also averred that before leaving for Saudi Arbia, the petitioner accused had filed an application before the trial court giving information for his temporary absence from the country.