Navin Chopda vs Superintendent Of Police

Heard.

This petition has been filed to set-aside the order dated 3.7.2019 passed by the Judicial Magistrate First Class, Bilaspur in Complaint Case No.858/2014, whereby, though the complainant was diligently pursuing the prosecution in absence of the accused, permanent non-bailable warrant has been issued against the accused and simultaneously, the case has been closed.

Learned counsel for the petitioner would submit that the learned Magistrate is bound to follow the due process of law. He submits that there is no procedure that when an accused is absent and a non-bailable warrant is issued against him and the complainant is also diligently pursuing his prosecution, the case has to be closed. He submits that the procedure adopted by learned Court below is bad in law, therefore, he prays to pass appropriate orders.

Per contra, learned counsel for the State would support the proposition advanced by learned counsel for the petitioner.

Having considered the submissions of learned counsel for the parties and also considering the manner in which the case has been closed though the complainant was present on 3.7.2019 and it was the accused, who was not present and against whom, non-bailable warrant was also issued, this Court is of the opinion that the learned Magistrate, without any specific provision, closed the case vide the impugned order, which is not just and proper.

Hence, the impugned order is quashed and the matter is remitted back to the concerned Magistrate to proceed further in Complaint Case No.858/2014 in accordance with law. The complainant is at liberty to take appropriate steps for attachment of the property of the accused to ensure his presence.

The petitioner shall remain present before the concerned Court on 15.3.2023.

With the aforesaid observation, the petition is disposed of.