Anand Jaiswal vs The State of Jharkhand

Heard the parties.

In this application, the petitioner has prayed for quashing of the orders dated 06.09.2011 and 15.06.2015 passed in connection with Mandu

(Kuju) P.S. Case No.59 of 2009, corresponding to G.R. No.553 of 2009, by which coercive steps have been ordered to be taken against the

petitioner. It has been stated by learned senior counsel for the petitioner that the provisional assessment of the electricity dues has already been

deposited by the petitioner.

It has been stated that thereafter, the petitioner on surrender has been granted bail on 16.07.2009. However, the petitioner was not aware

about the order taking cognizance as well as summons, which was ordered to be issued against the petitioner. Learned senior counsel for the

petitioner submits that there are discrepancies in the order sheet itself, which would show that the summons have not been properly served upon

the petitioner after which, non bailable warrant of arrest and proclamation under Section 82 Cr.P.C. have been ordered to be issued against the

petitioner. It has thus been submitted that the aforesaid impugned orders deserve to be quashed and set aside.

Learned Addl. P.P. has opposed the prayer made by learned counsel for the petitioner.

It is an admitted fact that pursuant to the direction given by this Court in W.P.(C) No.1273 of 2009, the petitioner had deposited an amount of

13,60,494/-. before the court below and pursuant to the said deposit, the petitioner was granted bail on 16.07.2009. After being granted bail, the

petitioner did not appear, which led the trial court, directing for issuance of coercive steps against the petitioner. The petitioner was aware of the

pendency of the case and, therefore, should have appeared before the court below.

However, taking a considerate view of the matter that the petitioner has already deposited the provisional assessment amount before the court

below, he is directed to surrender before the court below within a period of two weeks from today and if the petitioner surrenders within the

aforesaid period and prays for bail, learned court below shall permit the petitioner to remain on previous bail.

It is made clear that the petitioner shall appear on each and every date as directed by the court below. If the petitioner fails to appear even on a

single date, in spite of there being a direction by the learned trial court, the impugned orders by which coercive steps have been directed to be

issued against the petitioner, shall automatically revive.

Learned court below is directed to expedite the trial and conclude the same within a period of six months from today.

Let a copy of this order be communicated through FAX at the cost of the petitioner.

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