CRLMC/1161/2020
2021 Latest Caselaw 3792 Ori

                                     CRLMC No.1161 of 2020




07.   18.03.2021            Heard the learned counsel for the petitioner

                   and the learned counsel for the State.

                           This application under Section 482 of Cr.P.C.

                   has been filed by the petitioner who is the Sub-

                   Inspector of Police with a prayer to quash the order

                   dated 31.01.2020 passed by the learned S.D.J.M.,

                   Keonjhar in 2(C) C.C. No.04 of 2020 taking cognizance

                   for the alleged offence under Section 174 of I.P.C. and

                   issuing summon against him.

                           It    appears that   the   proceeding   has been

                   initiated against the petitioner on the ground that he

                   did not appear pursuant to the summon issued.

                   However, subsequently, the petitioner having been

                   appeared and the case has already been cleared, is not

                   in dispute.

                           Learned counsel for the petitioner submits that

                   none appearance of the petitioner is bonafide and not

                   intentional one and as such, submits to quash the

                   prosecution against the petitioner. Reliance in this

                   regard has also been placed on the judgment of the
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Madras High Court rendered in the case of Anil Jain

and others v. The Senior Intelligence Officer, passed

in Crl. O.P. Nos.11183, 11184 & 11185 of 2017 and

Crl.M.P.Nos.7383, 7384, 7385, 7386, 7387 and 7388 of

2017.

        Learned counsel for the State, however, makes

no objection on the same, inasmuch as the petitioner

has subsequently appeared and the case has already

been closed in view of the judgment of the court

rendered in Sessions Trial No.22/19 of 2019. LCR also

go to show that, the petitioner made appearance on

17.03.2020. From the aforesaid goes to show that the

petitioner having subsequently cooperated and there is

no willful disobedience of the court's order, I am of the

view that the proceeding initiated against the petitioner

is liable to be quashed.

        Considering        the   aforesaid   facts   and

submissions made, especially the circumstances in

which the petitioner could not appear before the court

below and in compliance of the direction of the court
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      said to be not intentional one, so       also   the    decision

      rendered in the case of Anil Jain and others (supra), I

      am of the view that this case has been made out for

      quashment of the proceeding.

              Accordingly, the CRLMC is allowed and the

      proceeding   initiated   against   the    petitioner   in   the

      aforesaid case is quashed.

              Urgent certified copy of this order be granted on

      proper application.


                                               .......................
                                               S.Pujahari, J.

RKS