CHANDRA SHEKHRENDRA RAMAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash three different orders passed by the learned S.D.J.M., Pakur being orders dtd. 23/8/2014, 3/3/2015 and 18/4/2015 in connection with Pakur (M) P.S. Case No.44 of 2007 corresponding to G.R. No.100 of 2007.

(3.) The brief fact of the case is that the petitioner is the accused of the said case in which charge-sheet has been submitted against the petitioner for having committed the offences punishable under Ss. 419, 420/34 of the Indian Penal Code. Upon submission of the charge-sheet, summon and thereafter bailable warrant of arrest was issued against the petitioner. On 23/8/2014 though the execution report of the bailable warrant of arrest was not received, the learned S.D.J.M., Pakur ordered for issuance of the non-bailable warrant of arrest. Vide order dtd. 3/3/2015, without recording any satisfaction that the petitioner is absconding or concealing himself and without fixing any date and time for appearance, the learned S.D.J.M., Pakur ordered for issuance of the process under Sec. 82 and 83 of the Cr.P.C. simultaneously and ultimately vide order dtd. 18/4/2015, the petitioner was declared a permanent absconder by the S.D.J.M., Pakur and the S.D.J.M., Pakur transmitted the case records to the District Record Room. The petitioner has challenged the said three orders.