Baunti Mishra vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Heard the learned counsel appearing on behalf of the petitioners and the learned counsel appearing on behalf of the respondent State.

In this petition, the prayer has been made for quashing of the order dated 04.06.2016 passed by learned Chief Judicial Magistrate, Deoghar, in connection with Deoghar Nagar (Town) P.S. Case No.179 of 2014, corresponding to G.R. Case No.424 of 2014, pending in the court of learned Chief Judicial Magistrate, Deoghar.

The leaned counsel for the petitioners submits that the petitioners were in attendance under section 317 of the Cr.P.C. by way of filing a petition through lawyer. He submits that on that day by order dated 04.06.2016 the learned court has been pleased to issue non-bailable warrant and there is no order of cancellation of bail bond, however, in the margin it is stated that bail bond is cancelled. He further submits that the said order was the subject matter before the learned Sessions Judge in Cr.Revision No.114 of 2019 and by order dated 01.10.2019 the learned revisional court has also dismissed the revision petition. He submits that the petitioners are ready to appear before the learned court.

Learned counsel for the respondent State submits that since the petitioners have not appeared and in view of that, the said order has been passed.

The Court has gone through the order dated 04.06.2016 and finds that on that date the petitioners were in attendance under section 317 of the Cr.P.C., however, the learned court has directed for issue of N.B.W and there is no order of bail bond cancellation. However, in the margin of the said order, it is mentioned that bail is cancelled. It appears that in absence of any order of the learned court, the said act is done which is not in accordance with law and the learned revisional court has also affirmed the said order.

In view of above, the order dated 04.06.2016 passed by the learned Chief Judicial Magistrate, Deoghar as well as the order of the learned revisional court dated 01.10.2019 passed in Criminal Revision No.114 of 2019 in connection with Deoghar Nagar (Town) P.S. Case No.179 of 2014, corresponding to G.R. Case No.424 of 2014, pending in the court of learned Chief Judicial Magistrate, Deoghar is set aside.

The prayer made in I.A No.10403 of 2022 for addition of prayer in main quashing application at its para-1 with regard to quashing of the order dated 01.10.2019 passed by learned Sessions Judge, Deoghar, whereby revision preferred by the petitioner against the order dated 04.06.2016, has been rejected is, accordingly allowed, and disposed of.

The petitioners are directed to appear before the learned court concerned on 15.07.2024.

If the petitioners appear before the learned court on the said date fixed by this Court, the petitioners will be allowed to remain on same bail bond which has been cancelled.

It is made clear that if the petitioners failed to appear on the said date fixed by this Court before the learned court concerned, the learned court will proceed in the matter and take all coercive measures against the petitioners.

With above observation and direction, this  petition stands disposed of.

Pending petition, if any, also stands disposed of accordingly.