RAM MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the State. Having heard learned counsel appearing for the petitioner, learned counsel appearing State and on perusal of the record, it does appear that without there being any report, regarding execution of the warrant of arrest or any report regarding execution of the processes either under Section 82 or even under Section 83 Cr. P.C., an order has been passed on 20.10.2012 by learned Judicial Magistrate, 1st Class, Dhanbad in Chirkunda (Maithon) P.S. Case No.181 of 1998, whereby, the petitioner was declared absconder and at the same time, permanent warrant of arrest has been ordered to be issued against the petitioner.

(2.) IN such situation, order dated 20.10.2012 certainly suffers from illegality and hence, it is set aside. Accordingly, this application stands allowed. However, the petitioner is directed to appear before the court below within two weeks from today, failing which it would be open for the court to take all the coercive action against the petitioner.

(3.) ACCORDINGLY , the order dated 16.03.2009, 12.05.2009 and