Patna High Court, per J. Akhilesh Chandra, disposed of a Criminal Writ application by directing respondents to execute arrest processes against an absconding accused husband in an IPC 498A trial.
Directed respondents to execute processes against Mukesh Kumar Paswan and produce him before the court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.316 of 2013
====================================================== 1. Pushpa Priyadarshani W/O Mukesh Kumar Paswan, D/O Parmeshwar Ram @ Paswan Resident Of Mohalla- Kanhauli Vishnu Datta Near Kanhauli Math, P.O.- Ramna, P.S.- Mithanpura, Distt.- Muzaffarpur .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Principal Secretary, (Home), Govt. Of Bihar, Patna 3. The Director-General Of Police, Bihar, Patna 4. The Additional Director-General Of Police, Tirhut Range, Muzaffarpur 5. The Deputy Inspector-General Of Police, Tirhut Range, Muzaffarpur 6. The Senior Superintendent Of Police, Muzaffarpur 7. The Officer-In-Charge, Mithanpura Police Station, Muzaffarpur 8. Smt. Shanti Devi W/O Late Kishori Ram Resident Of MohallaChitraguptapuri, Maripur, P.S.- Kazi Mohammadpur, Distt.- Muzaffarpur, At Present Flat No.-10, Anand Chhaya Garden Lane, Singhaniya Estate, Ghat Coper (West), Mumbai-86 9. Umesh Rai S/O Late Kishori Ram Resident Of Mohalla- Chitraguptapuri, Maripur, P.S.- Kazi Mohammadpur, Distt.- Muzaffarpur, At Present Flat No.-10 Anand Chhaya Garden Lane, Singhaniya Estate, Ghat Coper (West), Mumbai-86 10. Rajendra Kumar Paswan S/O Late Mahabir Paswan Resident Of Mohalla- Kanhauli Math, P.S.- Mithanpura, Distt.- Muzaffarpur .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 6 05-08-2013 Heard learned counsel for the parties. This is an application, in fact, seeking direction to apprehend the absconding accused in Mithanpura P.S. Case No. 72 of 2003 dated 12.06.2003 corresponding to G.R. No. 1413 of 2003, Trial No. 2028 of 2013 under section 498 A of the I.P.C. pending before Smt. Ranjula Bharti, Judicial Magistrate, Muzaffarpur.
Initially this application was filed seeking writ of
Patna High Court CR. WJC No.316 of 2013 (6) dt.05-08-2013
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habeas corpus. However, subsequently on filing counter affidavit vide order dated 17.05.2013 petitioner’s counsel was permitted to get the same converted into Criminal Writ application simplicitor.
As is evident from the counter affidavit filed by respondent no.6 that in this case warrant of arrest etc. had earlier been issued. Subsequently, process under section 82 of Cr.P.C. was issued on 18.02.2012. Thereafter, recently on 07.05.2013 process under section 83 Cr.P.C. has been issued against absconding accused Mukesh Kumar Paswan, who happens to be none else than husband of the petitioner.
Other co-accused persons have already entered into appearance though on some occasion some default appears committed on their behalf.
Respondents are directed to get the processes issued against the absconding accused Mukesh Kumar Paswan properly executed at the earliest in accordance with law and it is also expected from them that they will ensure locating him, and produce before the court below, within no time.
With the above observation this writ application stands disposed of.
(Akhilesh Chandra, J)
Abhay/-
1 issue framed by the court
Whether the respondents should be directed to execute processes against the absconding accused at the earliest.
3 provisions across 2 enactments
Pushpa Priyadarshani
The State Of Bihar
Shanti Devi
Umesh Rai
Akhilesh Chandra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
