Gaguli @ Pabitra v. State

 07. 03.05.2017 CRLMC No.1855 of 2009

 Heard learned counsel for the petitioner and learned counsel for the State.
 The petitioner in this case has challenged the order dated 07.01.2008
passed by the learned S.D.J.M. (Sadar), Cuttack in G.R. Case No.861 of 2007 taking cognizance
of the offences under section 341/ 324/ 294/ 506/ 34 of the I.P.C. and issuance of N.B.W. agai
nst him.

 It appears that in this case the learned S.D.J.M. (Sadar), Cuttack has
 issued N.B.W. against the petitioner, as the police shown him to be absconder.
 Learned counsel for the petitioner submits that though the petitioner
was all along available, but the police without serving any notice on him under Section 160 of
 the Cr.P.C. have illegally shown him as absconder and as such at the first instance N.B.W. wa
s issued by the trial court against him. The very filing of charge-sheet showing him as an abs
conder being bad, the same is liable to be quashed, submits the learned counsel for the petiti
oner.

 Learned counsel for the State does not dispute that any notice was ser
ved on the petitioner under Section 160 of the Cr.P.C. to appear before the police or he was d
eclared as an absconder during the investigation.

 Needless to say that when no material is there indicating the fact tha
t notice was issued to the petitioner by the police during the course of investigation under S
ection 160 of the Cr.P.C. to appear and also no steps had been taken to declare him as abscond
er during investigation, the police could not have filed charge-sheet against him to be an abs
conder.

 In such premises, this Court while quashing the issuance of N.B.W. ag
ainst the petitioner, directs the petitioner to surrender before the court in seisin over the
matter and make a motion for bail in the aforesaid case within three weeks hence and in such e
vent, the trial court shall consider and dispose of the prayer made by the petitioner for his
release on bail in course of the day taking note of the nature of offence and also the fact th
at the petitioner has voluntarily surrender before the court and he was never an absconder.
 With the aforesaid order, this CRLMC stands disposed of.