MEDHA PATKAR Vs. STATE OF M.P.

JUDGEMENT

(1.) Applicant has preferred this petition under Section 482 of Code of Criminal Procedure, 1973 ( in short " the Code ') for quashment of F.I.R. bearing crime No. 402/2001, registered at police station- Kotwali, Barwani, District Barwani for offence punishable under Section 147 , 148 , 294 , 353 , 332 , 506 , 448 , 426 of IPC, 1860 and Section 3 of Prevention of Damage to Public Property Act and the order dated passed by Chief Judicial Magistrate, Barwani in Criminal case No.399/2002, whereby the applicant was declared as absconding and a perpetual warrant of arrest has been issued against her.

(2.) The brief facts of the case are that on 03.03.2001, at about 11.15 am, the present applicant, along with other accused persons entered into NVDA Office at Barwani and broken the furniture, threatened the officials and prevented them from performing their duties. The Executive Engineer Hemraj Rathore reported the matter to Police-Station Barwani on the basis of which FIR bearing crime No.402/2001 for offence under Section 147 , 148 , 294 , 353 , 332 , 506 , 448 , 426 of I.P.C., 1860 and Section 3 of Prevention of Damage to Public Property Act, was registered against the applicant and other co-accused persons. After completion of investigation, charge-sheet was filed, in which the applicant was shown as absconding.

(3.) Learned Chief Judicial Magistrate issued non-bailable warrant against the applicant which was received unserved with the report that even after search she was not traced and she is absconding. On 14.02.2003, the Chief Judicial Magistrate recorded the statement of serving officer, Sub Inspector R.I. Ahirwar and after being satisfied with the fact that police had searched for the applicant but could not find her and there seems no likelihood of the accused being found in the near future, hence perpetual warrant of arrest was issued against her and thereafter, the case was committed to the Sessions Court, which was registered as Session Trial No.77/2003 against the applicant and other accused persons and transferred to the Court of First Additional Sessions Judge, Barwani for trial.