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2008 DIGILAW 1403 (JHR)

Sujit Mishra @ Sujit Kumar v. State of Jharkhand

2008-12-05

AMARESHWAR SAHAY

body2008
Order Heard learned counsel for the parties and this writ petition is being disposed of finally at this stage itself with agreement of the parties. 2. It appears that the petitioner has been made an accused in connection with the G.R. Case No. 1166/2002 (T.R. No. 458/2008) in which cognizance for the offence under Section 16(A) of the Cable Television Networks (Regulation) Act, 1995 has been taken. 3. The grievance of the petitioner is that without service of summon or warrant of arrest etc., the processes under Sections 82 and 83 Cr.P.C. has been issued and thereafter, without even execution report of the processes, he has been declared absconder. 4. Mr. M.M. Prasad, learned counsel for the petitioner submits that the petitioner never evaded summon warrant issued rather he did not know at any time that any such summon or warrant has been issued against him. It is further submitted that since the offence alleged is bailable in nature therefore, there cannot be any occasion to evade the summon or the warrant. 5. It appears that the petitioner challenged the order declaring him to be absconder before the revisional court but the revisional court dismissed the same on the ground of limitation. 6. Without going into the merits of the case on the point raised by the petitioner, in my view, since the offence alleged for which cognizance has been taken is bailable in nature, there is no execution report of the processes issued and therefore the ends of justice requires that the petitioner should be given chance to make himself available by surrendering before court below. 7. Accordingly, the order dated 5.5.2008 passed by the Trial Court declaring the petitioner to be absconder, this writ petition is being disposed of by directing the petitioner to surrender before the Court below within a period of one week from the date of receipt of the certified copy of this order and apply for bail, which shall be disposed of in accordance with law on the same day keeping in mind the observation made above. 8. With the aforesaid observations and directions this petition is disposed of.