BRAJ BIHARI KUNWAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has invoked the inherent jurisdiction of this Court under Sec. 482 Code of Criminal Procedure for the quashment of the entire criminal proceeding including the order taking cognizance dated 13.05.2003 by the C.J.M., Seraikella under Sections 448/354 of the Indian Penal Code against him and further quashment of the orders recorded between 08.08.2003 to 26.03.2010 by the Court of Shri S.K.Verma, Judicial Magistrate, 1st Class, Seraikella by which processes were issued under Sections 82/83 Code of Criminal Procedure and that permanent warrant of arrest were issued against him for his nonappearance.

(2.) The prosecution story in short was that the petitioner while was posted as the constable guard in the Block Office at Raghunathpur, he had entered into the house of the informant at around 3 p.m. with the ulterior motive and tried to outrage the modesty of the informant Laxmi Pramink a married woman, 23, by holding her body. A case was registered under Sections 448/354 of the Indian Penal Code vide Nimdih P.S. Case No. 10 of 2003 on 31.3.2003 and on the same day the petitioner was granted bail by the police in the bailable offence under the provisions of Sec. 436(1) of the Code of Criminal Procedure as contained in Chapter XXXIII. The petitioner at no point of time appeared before the Trial Magistrate within span of seven years in spite of the processes issued against him and finally he was declared absconder by the order dated 26.03.2010 and accordingly permanent warrant of arrest was issued against him.

(3.) Learned Counsel Mr. Deo appearing for the petitioner submitted that the petitioner was admitted to bail by the police on the date of alleged occurrence in bailable offence under provision of Sec. 436 (1) of the Code of Criminal Procedure and thereafter he never received any notice from the Court calling upon him to appear in the case. It would be evident from the certified copy of the entire order-sheets of the record of G.R.No.195 of 2003 arising out of Nimdih P.S. Case No. 10 of 2003 which were placed that though processes were issued against him including under Sec. 82/83 Code of Criminal Procedure but there was no execution report on the record as the same processes could not be executed by the police agency at any time.