Fulwa Devi vs State of Jharkhand

Heard learned counsel for the petitioner and learned counsel appearing for the State through Video Conferencing. The lawyers have no objection with regard to the proceeding, which has been held through Video Conferencing today at 11.00 a.m. They have no complain in respect to the audio and video clarity and quality.

Petitioner challenges the order taking cognizance dated 22.08.2013 passed in Charhi Police Station Case No.32 of 2009 (G.R. No.2690 of 2009) by which cognizance of the offence under Sections 414/120B of the Indian Penal Code, Section 30(ii) of the Coal Mines Act, Section 33 of the Indian Forest Act and Section 21 of the Mines and Minerals (Regulation & Development) Act has been taken. Petitioner also challenges the orders by which coercive steps, viz. process under Section 82 of the Code of Criminal Procedure and attachment order in terms of Section 83 of the Code of Criminal Procedure have been issued as also the petitioner has been declared as permanent absconder.

From the First Information Report, I find that there is an allegation of transportation of illegally mined coal from the forest area by the vehicle of the petitioner. In view of the aforesaid allegation, when chargesheet has been submitted before the Court below, there is no illegality committed by the Court below in taking cognizance of the offence.

I find that the petitioner had moved anticipatory bail applications twice and on both occasions, her prayer was rejected. It shows that it was well within the knowledge of the petitioner about the pendency of this case. Inspite of that the petitioner did not appear before the Court below, resulting in issuance of processes under Section 82 of the Code of Criminal Procedure and attachment order in terms of Section 83 of the Code of Criminal Procedure and subsequently declaring the petitioner as permanent absconder. In the facts of the case, I also do not find any illegality in the aforesaid orders passed by the Court below.

Considering the aforesaid facts, I am not inclined to entertain this criminal miscellaneous petition. This criminal miscellaneous petition is, accordingly, dismissed.

Petitioner, if so advised, may surrender before the Court below and pray for regular bail. If the petitioner surrenders before the Court below and prays for regular bail, her prayer shall be considered by the Court below on its own merits, to be disposed of on the same day.