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Judgment
7 paragraphs · 277 wordsSanjay Kumar Dwivedi, J
This petition has been filed for quashing the order dated 15.06.2021 whereby process under section 82 Cr.PC has been issued against the petitioner in connection with Mango (Olidih) PS Case No. 113/2020, pending in the court of learned Judicial Magistrate, 1st Class, East Singhbhum, Jamshedpur.
Mr. Nanda, the learned counsel appearing for the petitioner submits that the petitioner is a police constable and is discharging his duties and inspite of that, the Investigating Officer has requested before the court that the petitioner is not traceable and is evading his arrest and that is why, section 82 process has been issued and he submits that the order is not in accordance with law.
Mr. Satish Kumar Prasad, the learned counsel for the respondent State submits that anticipatory bail filed before the Sessions Judge has been rejected and thereafter the police raided and found the petitioner absconding and thereafter the order has been passed.
In view of the above facts and considering the submissions of the learned counsel for the parties, in the interest of justice, it will suffice if the petitioner be directed to appear in the concerned court on the date fixed by this Court.
Accordingly, the petitioner will appear on or before 11.04.2022 before the concerned court. In the event of his such appearance in the concerned court on or before the date fixed by this Court, process under section 82 Cr.P.C shall not be given effect to and any petition filed by the petitioner shall be considered by the concerned court and will be disposed of on the same date in accordance with law without prejudice of this order.
Disposed of.