Sanjay Kumar Chouhan vs State of Jharkhand

Hari Shankar Prasad, J.—Heard learned counsel for the parties.

The only point that has been taken by the learned counsel for the petitioner is that the petitioner was not aware of the date 13.11.2002 as 7.10.2002 was the date fixed earlier to 13.11.2002 and from 7.10.2002 the case was advanced to 13.11.2002 but on 7.10.2002 record was not placed before the transferee Court as the concerned record was transferred from one Court to another Court and record was not placed before the transferee Court on 7.10.2002, instead 7.10.2002 date was deleted and was given another date 13.11.2002 and as such petitioner had no knowledge of the change in date and, therefore, he could not appear and consequently on 22.11.2002 non-bailable warrant of arrest was issued against the petitioner and as such a prayer has been made for quashing the order dated 22.11.2002 and also subsequent order dated 20.1.2005 Issuing processes against him.

From perusal for the order sheet, a certified copy of which has been annexed as Annexure 4, it appears that there is also some mistake in the order for which the petitioner cannot be made to suffer.

In that view of the matter, the order dated 22.11.2002 in" connection with Lower Bazar P.S. No. 46 of 2000 (G.R. No. 995 of 2000) is quashed and consequently the order dated 20.1.2005 issuing processes u/s 83 of the Code of Criminal Procedure is quashed.

However, liberty is given to the petitioner to move before the Court below for dropping the proceeding.

It is made clear that other proceedings initiated against the petitioner shall continue.