N.N.TIWARI, J. - (1.) IN this petition the Petitioners have prayed for quashing the order dated 15.1.2009 whereby the Petitioners have been declared permanent absconder and permanent non -bailable warrant of arrest has been issued against them. It has been stated that the summons or the bailable warrant of arrest issued to the Petitioners were not served on them. The Petitioners had, thus, no occasion to know about the case and as such they could not appear in the Court below on the date fixed by learned Court below. Without waiting for the service report of summons and the execution report of bailable warrant, non -bailable warrant of arrest has been issued against the Petitioners by the impugned order declaration the Petitioner as permanent absconders. Learned Counsel for the Petitioners submitted that the Petitioners have no intention to avoid the proceeding of the case and they are ready to appear before the Court below, if the order issuing non -bailable warrant against the Petitioners declaring them permanent absconders is quashed by the Court.
(2.) LEARNED APP submitted that the case is pending since 2002. This is unbelievable that the Petitioners had no knowledge about the case. Though the report of service of the summons and execution report of the non -bailable warrant of arrest are not specifically mentioned in the order -sheet, the Petitioners were fully aware about every Equivalent Citation:2009 -JX(Jhar) -0 -1154 development and order passed by the Court below and they celibately avoided appearance in the Court. I have heard learned Counsel for the Petitioners as also learned APP and considered the facts and the materials on record. On perusal of the certified copy of the order -sheet dated 15.1.2009 of the Court below, it is clear that there is no report on record regarding the service of summons issued to the Petitioners. There is also no report of execution of bailable warrant of arrest issued against them. Without going into the controversy as to whether the Petitioners had knowledge about the case, this petition is disposed of giving liberty to the Petitioners to appear before the Court below within two weeks and explain the circumstance under which they could not appear earlier. Learned Court below shall pass appropriate order in accordance with law treating their appearance as first appearance, ignoring the order dated 15.1.2009.
(3.) WITH the above observations/directions, this petition is disposed of.;