SUBASH CHANDER Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
STATE OF JANDK
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ARUN KUMAR GOEL, J. -
(1.) THIS is an application filed under Section 561 -A Cr. P. C. for
quashment of police charge sheet filed by the police of Police Station
Satwari against the petitioner under Section 302 RPC. From the record
that was summoned from the court below it transpires that the petitioner
was directed to be added as an accused vide order of the learned 1st
Additional Session Judge, Jammu passed on 17th October" 98. Record of the
case indicates that since then the petitioner had not been served and
therefore the court was constrained to issue process against him under
Section 512 of the Code of Criminal Procedure.
(2.) FACED with the above situation petitioner filed the present petition before this Court on 19th November" 98. Case was listed before
the court for the first time on 30th November198 when it was adjourned to
14th December 98. Again it was adjourned to 10th February 99. Lastly when the case came up on 23rd April 99 time was allowed to the learned
Government Advocate for filing objections. It may be worthwhile to notice
that learned Government Advocate had been appearing throughout in this
case since Novemberâ„¢ 98. On 23rd April 99 following order was passed:
"Mr. Sharma prays for and is allowed two weeks time for filing reply to the petition in question. As an interim measure it is ordered that the petitioner shall not be arrested in connection with case registered vide FIR No. 83/98 at Police Station Satwari, which is now pending trial in case No: 63/Criminal under Sections 302/34,109 RPC in the Court of 1st Additional Sessions Judge, Jammu. Petitioner is further directed to appear in the said Court on every date of hearing till further orders."
(3.) IN view of the aforesaid order petitioner was not to be arrested in connection with the case registered vide FIR No: 83/98 at
Police Station Satwari, on the basis of which trial in case No:
63/Crlminal under Sections 3027 34, 109 RPC was pending before the trial court. Learned 1st Additional Sessions Judge, Jammu informed the
Registrar (Judicial) of this Court vide Communication No: 227 dated 24th
Juneâ„¢ 99 that the petitioner Subash Chander had not appeared in the
said court at all. In these circumstances Presiding Officer had requested
the Registrar (Judicial) to place the said Letter before the court for
Order passed by the trial court on 28th May199 is to the following effect:
"APP and accused other than accused Subash Chander are present. Accused Subash Chander against whom the proceedings have been initiated under Section 512 Cr. P. C. and who later on made an application for his enlargement on bail before the Honble High Court vide order dated 23 -4 -1999 in 128/98 U/S 561 -A Cr. P. C. had directed as an interim measure that he shall not be arrested in connection with the case registered vide FIR No: 83/98 i.e. the case under trial and he had been directed to appear before this court on every date of hearing has not appeared in this court, at all. The Honble High Court may be informed about his non -appearance. No witness is present today. Let the file to come up in terms of the calendar on 29 -5 -1999 and meanwhile the accused present are remanded to Judicial custody with direction to be produced tomorrow. Announced. 28 -5 -1999."
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