IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6910 of 2009 RANJAN KUMAR CHOUHAN Son of Sri Jiya Lal Singh, resident of village-Kararahi, P.O- Kamrail, P.S.-Marouna, District-Supaul. At present Executive Magistrate Sub-Division Office-Barsoi, District-Katihar. ………………. Petitioner. Versus 1. THE STATE OF BIHAR 2. The Superintendent of Police Munger, District-Munger. 3. The officer-in-charge of Muffasil Police Station District- Munger. ………………… Opposite Parties ----------- 2 23.04.2009 Heard counsel for the petitioner and counsel for the State. The case was instituted against the petitioner way back in the year, 1993 which was Mufasil P.S. Case No. 145 of 1993. At that point of time petitioner was posted as Block Development Officer, when the case in question came to be filed against him under several sections. Counsel for the petitioner submits that nothing came to be done in the matter for the very long time and he was summoned only in the year, 2002 when cognizance were taken against the petitioner and two other accused persons. Thereafter the petitioner had obtained bail but he did not receive any notice from the trial Court with regard to his appearance thereafter. Since the petitioner was 2 transferred to many places no communication or the direction or the Court passed in this regard from time to time reached him. In support thereof he has annexed the entire order sheet in the matter. Finally, vide order dated 30.7.2008, the trial Court decided in its wisdom to issue a proclamation under Section 82 of the Cr.P.C. The petitioner learnt about the said development from a co-accused and he has filed present case explaining the background under circumstances which has prevented him in co-operating in the trial. The stand is that he is not trying to run away from the law. It is his official responsibility which took him away from the place due to many transfers and posting which came to be made in between due to which the above situation is staring the petitioner in his face. The petitioner has given the details of transfers and postings in paragraph 45 of the present petition. Learned counsel for the petitioner submits that he is willing to now appear before the court below and take all steps to defend himself but he has genuine apprehension that due to the order passed in the matter something more is likely to be done. 3 Prima-facie being satisfied with the statements made by learned counsel on this score, though he should have been more cautious in the matter when he knew that the criminal proceeding has been initiated but since the cognizance was taken in the year, 2002 the Court is inclined to interfere with the order dated 4.8.2003 as well as order dated 30.7.2008 and same is quashed. The petitioner is directed to appear before the Court below on 11th of May, 2009 in the matter and take such steps or comply with such direction as may be issued by the trial Court below in this regard. With the aforementioned observations and directions this application is allowed. Bibhash (Ajay Kumar Tripathi, J.)