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Judgment
10 paragraphs · 332 wordsSanjay Kumar Dwivedi, J
This petition has been filed for quashing the orders dated 20.08.2018, 29.11.2018, 29.01.2019 and 02.03.2019 passed by the court of learned C.J.M., Hazaribagh in G.R.Case No.2903 of 2008 arising out of Sadar P.S.Case No.814 of 2008, whereby the learned court has cancelled the bail bond and issued non bailable warrant issued process under section 82 of Cr.P.C, issued process under section 83 Cr.PC and declared the petitioner as permanent absconder under section 299 Cr.P.C.
The learned counsel for the petitioner submits that the petitioner was appearing in the concerned court but due to paralytic attack after certain period has not been able to appear. The petitioner is an old person. He submits that the petitioner is going to be operated for another ailment and after one and a half month the petitioner will appear before the concerned court.
Mrs. Vandana Bharti, the learned State counsel submits that there is no illegality in the orders.
On 20.08.2018, NBW was issued, on the next date on 29.08.2018 and on 29.11.2018 and 29.01.2019 process under section 82 and 83 have been issued and by order dated 02.03.2019 the petitioner was declared absconder. In these orders, execution of NBW, process under sections 82 and 83 Cr.P.C are not disclosed. By order dated 02.03.2019 the petitioner has been declared absconder. Moreover, the orders passed under section 82 and 83 Cr.P.C are not in accordance with law as held by this Court and the Hon’ble Supreme Court in several judgments.
Accordingly, the impugned orders dated 20.08.2018, 29.11.2018, 29.01.2019 and 02.03.2019 passed by the court of learned C.J.M., Hazaribagh in G.R.Case No.2903 of 2008 arising out of Sadar P.S.Case No.814 of 2008 are set aside.
The matter is remitted back to the concerned court.
The petitioner shall appear in the concerned court on or before 20.04.2022.
Any petition filed by the petitioner shall be considered by the concerned court and shall be disposed of on the same day.
Cr.M.P. No.2965 of 2021 is disposed of.