GIRIJESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER has invoked the inherent power of this Court under Section 482 of the Code of Criminal Procedure for quashment of the order dated 8.8.2008, passed by the Sessions Judge, Dhanbad, by which the order dated 5.5.2008, passed by Judicial Magistrate, 1st Class, Dhanbad in C.P. Case No. 1436/2004 was affirmed by which non -bailable warrant of arrest was directed to be issued against the Petitioner.

(2.) PROSECUTION story in short is that complaint case bearing C.P. Case No. 1436/2004 was filed by the complainant Ashutosh Rajak against the sole accused i.e. the Petitioner herein and after inquiry, cognizance of the offence was taken under various Sections including under Sections 323/506/341 of the Indian Penal Code as also under Sections 3/4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. After taking cognizance, summons was issued at the first instance, calling upon the Petitioner to appear before the court, but the learned Judicial Magistrate by the order dated 5.5.2008, which is quoted hereunder, issued non bailable warrant of arrest against the Petitioner, Complainant is present and files his Haziri. A time petition along with vakalatnama was filed on behalf of the accused. Accused is not present in person. S.R. of summon to accused is on record as per which summons was received by the wife of the accused on 16.4.08. But in spite of clear direction in the summon to appear on 5.5.08 the accused did not appear. Under the circumstances time petition is rejected and office is directed to issue NBW against the accused. Put up on 06.06.08 for appearance.

(3.) LEARNED Counsel Mr. Banerjee failed to show any illegality or irregularity in the orders impugned, referred to hereinbefore.