Sohail Khan vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Heard Mr. P.A.S. Pati along with Ms. Malsi Pathak, learned counsel appearing for the petitioner and Mr. Tarun Kumar, learned counsel appearing for the State.

The prayer in the petition is made for setting aside the order dated 11.06.2019 passed in Criminal Revision No.08 of 2019 passed by the learned District and Additional Sessions Judge-I, Seraikella, whereby, the revision application preferred by the petitioner has been dismissed. The further prayer is made for setting aside the orders dated 01/02.12.2002, 11.06.2003, 18.12.2003 and 20.07.2007 passed by the learned S.D.J.M., Seraikella, whereby, warrant of arrest, processes under Sections 82 and 83 Cr.P.C. and the petitioner has been declared absconder and permanent warrant of arrest respectively have been issued against the petitioner in connection with C2 Case No.25/2001, pending in the Court of the learned S.D.J.M., Seraikella.

Mr. P.A.S. Pati along with Ms. Malsi Pathak, learned counsel appearing for the petitioner submits that the case is registered under Factories Act and no summon as well as warrant have been served upon the petitioner and in absence of any execution report, the learned Court has been pleased to pass such orders. He submits that the said orders have been challenged before the learned Revisional Court, who has also dismissed the same.

Mr. Tarun Kumar, learned counsel appearing for the State opposed the prayer on the ground that the petitioner has not appeared before the learned Court and in view of that, the learned Court has rightly been pleased to pass such orders.

The Court has gone through the orders and finds that in the order dated 01/02.12.2002, the learned Court has recorded that the execution report is not received, however, on that day, warrant of arrest has been directed to be issued against the petitioner. On 11.06.2003, the learned Court has been pleased to direct to issue process under Section 82 Cr.P.C. On 18.12.2003, it was recorded that the execution report is not there and in spite of that, the said order has been passed under Section 83 Cr.P.C. Vide order dated 20.07.2007, the petitioner was declared absconder. In the order dated 01/02.12.2002, it is clearly stated that the execution report was not received and in spite of that, warrant of arrest was directed to be issued. The order dated 11.06.2003 is also not in accordance with law. The satisfaction of the learned Court is not recorded, which is one of the parameters to pass such order under Section 82 Cr.P.C. Identical ground is taken in the order dated 18.12.2003 with respect of process under Section 83 Cr.P.C. and vide order dated 20.07.2007, the petitioner has been declared absconder.

In view of the fact that in absence of any execution report, these orders have been passed that too without recording satisfaction of the learned Court, the impugned orders cannot sustain in the eyes of law and, as such, the order dated 11.06.2019 passed in Criminal Revision No.08 of 2019 passed by the learned District and Additional Sessions Judge-I, Seraikella and the orders dated 01/02.12.2002, 11.06.2003, 18.12.2003 and 20.07.2007 passed by the learned S.D.J.M., Seraikella in connection with C2 Case No.25/2001, pending in the Court of the learned S.D.J.M., Seraikella are, hereby, set aside. The matter is remitted back to the learned Court to proceed afresh, in accordance with law.

Accordingly, this petition is disposed of.

Pending I.A., if any, is disposed of.