Quashed

Rahul Kumar Alias Rahul Raja v. The State Of Jharkhand And Anr.

Jharkhand HC23 Feb 2018Cr.M.P./18/2018

Case brief

AI extract

What is this about?

In a Criminal Misc. Petition, the High Court of Jharkland quashed an order declaring the petitioner an absconder and issuing a permanent arrest warrant, noting the petitioner was not notified of the case transfer and thus couldn't attend. The court directed surrender within two weeks.

What did the court decide?

Quashing of the order dated 22.02.2017 declaring the petitioner an absconder and direction to surrender within two weeks.

Rahul Kumar Alias Rahul Raja Vs The State Of… — Criminal Trial and Appeal | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 18 of 2018

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Rahul Kumar @ Rahul Raja, son of Baleshwar Sao r/o Village Jainagar PO and PS Patratu, District Ramgarh … … Petitioner Versus

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The State of Jharkhand

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Enamul Khan s/o Late Rasid Khan r/o village Saudagar Muhalla, … PO Ramgarh Cantt, PS and District Ramgarh… Opp. Parties

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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY

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--For the Petitioner : Mr. Nawin Kumar, Advocate For the Opp. Party : Mr. Ashok Kumar No. 2, A.P.P.

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03/23.02.2018 Heard Mr. Nawin Kumar, learned counsel appearing for the petitioner and Mr. Ashok Kumar No. 2, learned A.P.P.

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In this application the petitioner has prayed for quashing of the order dated 22.02.2017 passed by the learned Judicial Magistrate, 1st Class, Ramgarh in Complaint Case No. 439 of 2011 by which the petitioner has been declared an absconder and permanent warrant of arrest was issued against him.

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Submission has been advanced by the learned counsel for the petitioner that the case was transferred to the court at Ramgarh to which the petitioner was having no knowledge and, therefore, the petitioner could not appear before the court at Ramgarh which led to passing of the order dated 22.02.2017.

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Learned A.P.P. has opposed the prayer made by the petitioner.

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It appears that the petitioner was facing trial in connection with Complaint Case No. 439 of 2011. The petitioner was regularly appearing and his appearance was stalled perhaps on account of the fact that the case was transferred to the court of Sub Divisional Judicial Magistrate on 07.10.2015. It also appears that on 19.08.2016 the case was transferred to the court at Ramgarh and the record was received on 19.09.2016. On 22.02.2017 the impugned order was passed. The entire order-sheet pursuant to the order dated 19.08.2016 does not indicate that the petitioner was ever noticed that his case has been transferred to the court at Ramgarh and, therefore, the petitioner was precluded by sufficient cause not to appear before the court at Ramgarh.

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In such circumstances, therefore, the order dated 22.02.2017 passed by the learned Judicial Magistrate, 1st Class, Ramgarh in Complaint Case No. 439 of 2011 is, hereby, quashed and set aside with a direction to the petitioner to surrender before the learned court below within a period of two weeks. The petitioner if surrenders within the aforesaid period shall continue to remain on previous bail and shall co-operate in the trial and shall also physically appear as and when directed by the learned trial court. The learned trial court is directed to conclude the trial expeditiously.

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This application stands disposed of with the aforementioned observations and directions.

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Let this order be communicated though FAX to the concerned court at the cost to be deposited by the petitioner.

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(Rongon Mukhopadhyay, J.)

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Umesh/-

Rahul Kumar Alias Rahul Raja v. The State Of Jharkhand And Anr.

Case brief

What is this about?

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Rahul Kumar Alias Rahul Raja v. The State Of Jharkhand And Anr.

Case brief

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What the court decided

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