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Judgment
Gautam Kumar Choudhary, J
Heard, learned counsel for the parties.
The instant Writ Petition (Crl.) has been filed under Article 226 of the Constitution of India seeking direction in the nature of Mandamus directing upon Respondent Nos.2 and 3 to arrest Respondent No.5 in SC/ ST Case No.05/ 2016 (A) arising out of SC/ ST Case No.27 of 2010 lodged under Sections 387 / 419/ 504/ 506/ 120-B/ 34 IPC and 3(1) (VIII)(IX)(X) of the SC/ ST (Prevention of Atrocities) Act, 1989.
It is submitted by learned counsel for the petitioner that Respondent No.5 is deliberately avoiding appearance before the Court so as to delay and derail the trial. Despite the processes being issued against him, he has not been arrested.
Finally, vide order dated 31.03.2017, charge-sheet was submitted showing Respondent No.5 as absconder.
Copy (s) of the order-sheet has been filed and it appears that the processes including bailable and non-bailable warrant of arrest were issued, but the same has not been executed nor the execution report has been sent.
Learned AC to AAG.IA for the State has submitted that earlier case diary had been called for and from perusing the same, it appears that processes under Sections 82 and 83 Cr. P.C. had also been issued and report was called for from the Court concerned regarding the same. The accused/ Respondent No.5 had absconded, therefore, processes could not be executed against him.
From the Letter dated 16.09.2025, it appears that the execution report issued against the accused/ Respondent No.5 was not received by the learned Trial Court.
Accordingly, Senior Superintendent of Police, Ranchi (Respondent No.3) is directed to look into the matter and execute the processes issued earlier against the Respondent No.5 within a month and further Trial Court is directed to proceed accordingly.
The instant Writ Petition [Crl.] stands disposed of. Pending I.A., if any, also stands disposed of.
Let a copy of this order be communicated to the Senior Superintendent of Police, Ranchi (Respondent No.3) at once for its compliance.