SANJAY KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing of the order dated 6.7.1996 passed by the learned Chief Judicial Magistrate, Palamau at Daltonganj in G.R. No. 321 of 1986 wherein petitioners have been declared absconder and also the order dated 27.2.2007 passed by the learned Additional Sessions Judge (F.T.C. No. II), Palamau at Daltonganj in Sessions Trial No. 252A of 1996 whereby the trial court by virtue of the provision as contained in Section 299 of the Code of Criminal Procedure while directing the record to be deposited in the record room passed an order for issuance of permanent warrant against the petitioners.

(2.) Learned Counsel appearing for the petitioners submits that the first information report was lodged on 1.3.1986 alleging therein that accused persons in an attempt to kill him fired shot causing injury. The said case was registered as Haidar Nagar P.S. case No. 6 of 1986 under Section 307 and other allied sections of the Indian Penal Code and also under Section 27 of the Arms Act against some named accused persons as well as some unknown. While the matter was pending investigation, the petitioners were granted bail by this Court. Subsequently, charge sheet was submitted on 9.5.1989 against the petitioners and some others, upon which cognizance of the offence was taken and the summons were ordered to be issued. Pursuant to that, some of the accused persons appeared, who faced the trial and were acquitted but the petitioners had no knowledge about the submission of the charge sheet as no notice/summons were ever served upon them nor warrant of arrest or even the process issued under Section 82/83 of the Code of Criminal Procedure were ever executed, still the Chief Judicial Magistrate, vide its order dated 6.7.1996 declared the petitioners absconder and committed the case to the court of sessions. When the case was transferred to the court of 1st Additional Sessions Judge, Palamau at Daltonganj, the court, vide its order dated 16.12.1996 passed an order for issuance of permanent warrant of arrest as well as process under Section 82/83 of the Code of Criminal Procedure. Subsequently, it passed an order on 27.2.2007 declaring the petitioners as permanent absconder.

(3.) Being aggrieved with the said orders, this writ application has been filed for quashing of the order dated 27.2.2997 passed by the Additional Sessions Judge (F.T.C. No. II), Palamau at Daltonganj and also the order dated 6.7.1996 passed by the Chief Judicial Magistrate, Palamau at Daltonganj.