Damodar [email protected] vs State
2014 Latest Caselaw 115 Del

                                       CRLMC No.2144 of 2013

05.   06.1.2014                 This application has been filed under Section
                  482 Cr.P.C. for quashing of the order dated 15.10.2004,
                  passed by the learned Asst. Sessions Judge, Athgarh, in
                  S.T.No.280 of 1998, directing issue of N.B.W. against the
                  petitioner.
                                Learned counsel for the petitioner submits
                  that the Addl. Adhoc Sessions Judge, Fast Track Court III,
                  Cuttack, vide its judgment dated 20.7.2004, passed in
                  Criminal Appeal No.08 of 2000, acquitted the petitioner
                  from the charge under Section 307 I.P.C. and convicted
                  him under Sections 452/324 I.P.C. and instead of
                  awarding any sentence, directed that the petitioner be
                  released after due admonition. It is submitted that due to
                  communication gap, the petitioner was not aware of the
                  judgment passed in the appeal, he could not appear before
                  the Trial Court on the date fixed.         It is accordingly
                  submitted that instead of issuing summon, for appearance
                  of the petitioner, learned Trial Court has directed issue of
                  NBW, which is improper and illegal.
                                Considering the submissions made, the order
                  dated 15.10.2004, passed by the learned Asst. Sessions
                  Judge, Athgarh, in S.T.No.280 of 1998 is set aside.
                                The petitioner is directed to appear before the
                  Trial Court within two weeks hence.
                                CRLMC is accordingly disposed of.
                                Issue urgent certified copy as per rules.


                                                           ........................
                                                            S.C. Parija, J.

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