IBRAHIM KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision application arises against the Judgment dated 07.08.1998 passed by the 2nd Additional District & Sessions Judge, Dhanbad in Criminal Appeal No. 12/97 by which, the appeal preferred by the petitioner against the Judgment dated 21.12.1996 passed by the Trial Court convicting the petitioner for the offence under Section 15 of the Bihar Control of Crimes Act, 1981 and sentencing him to undergo rigorous imprisonment for three months was dismissed.

(2.) THE prosecution case in short is that the District Magistrate, Dhanbad passed an order on 18.04.1984 under Section 16(2) of the Bihar Control of Crimes Act, 1981 against the petitioner which was confirmed by the State Government on 18.4.1989. In spite of issuance of processes under Section 82/83 of Criminal Procedure Code and also warrant of arrest, the petitioner could not be apprehended and the processes issued against him could not be executed as he was absconding from his place of abode and he was concealing himself at some unknown place. On 22.08.1984, a Notification was also issued directing the petitioner to appear before the Court of District Magistrate, Dhanbad but he did not appear.

(3.) ON the basis of the evidence adduced by the prosecution, the learned Trial Court convicted and sentenced the petitioner as already noticed above.