CHINTA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE instant petition has been filed under Section 482 of the Code of Criminal Procedure invoking the inherent jurisdiction of this Court for the quashment of the entire criminal proceeding against the petitioner including the orders dated 7.8.2008 and 20.8.2008 by which the petitioner Chinta Devi was declared absconder and a proceeding under Section 229 Cr.P.C. was directed to be initiated in Katkamsandi P.S. Case No. 154 of 2009 arising out of Complaint Case No. 724 of 1999 for the alleged offence under Sections 498A/494/ 120B and 342 of the Indian Penal Code, pending before Shri Vijay Kumar Srivastava, Judicial Magistrate, 1st Class, Hazaribagh. The petitioner is admittedly the married "Nanad" of the complainant O.P. N0.2 Chitrarekha Devi, who was admitted to anticipatory bail by the Court of Sessions Judge, Hazaribagh on 13.3.2001 which has got bearing in the order -sheet appended with the supplementary affidavit filed on behalf of the petitioner. The F.I.R. was instituted against eight named accused persons on the basis of the complaint but after investigation charge -sheet was submitted only against five including the petitioner "Nanad", who was living remote in the District of Chatra with her husband at her matrimonial home. It would not be out of place to mention that the husband was exonerated from his criminal liability in the charge -sheet by the Investigating Officer.

(2.) LEARNED Counsel Mr. Binod Singh submitted that after submission of charge -sheet at no point of time any communication/notice/summons was ever served upon him nor the execution report of any 'processes of the Court could be brought on the record but by the impugned orders she was declared absconder and permanent warrant of arrest was issued against her.

(3.) HAVING regard to the facts and circumstances of the case, the order impugned dated 7.8.2008 and 20.8.2008 are quashed with direction that in the event of her surrender within 25 days of this order and presentation of a petition under Section 437 of the Code of Criminal Procedure, the same will be considered in view of the above fact that no process was ever served upon her.