IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9775 of 2005 1. SHYAM KUMAR, S/O KASHMIRI LAL, GENERAL MANAGER / EASTERN RAILWAY, FAIRLY PLACE, M.S. ROAD, KOLKATA-1. 2. INDU BHUSHAN PRASAD, S/O LATE JAI KRISHNA LAL DAS, R/O VILLAGE BAIDHYANATHPUR, P.S. JALE, DISTRICT-DARBHANGA, STATION MASTER, PATNA JUNCTION (NOW DESIGNATION OF POST HAS CHANGED AS STATION MANAGER (EAST CENTRAL RAILWAY, PATNA JUNCTION). 3. SAMIR KUMAR LAHIRI, S/O LATE S.K. LAHIRI, R/O KARBIGHIYA, P.S. JAKKANPUR, DISTRICT-PATNA, CANTEEN MANAGER, PATNA JUNCTION ( NOW DESIGNATION OF POST CHANGED AS CATERIN INSPECTOR, PATNA JUNCTION). -PETITIONERS Versus 1. THE STATE OF BIHAR 2. BIHAR STATE KHADI & VILLAGE INDUSTRIES BOARD, EAST GANDHI MAIDAN, P.S. GANDHI MAIDAN, DISTRICT-PATNA, THROUGH THE DISTRICT KHADI & VILLAGE INDUSTRIES OFFICER, BIHAR STATE KHADI & VILLAGE INDUSTRIES BOARD, PATNA. --OPP.PARTIES. For the Petitioners : M/s Devendra Kr.Sinha & Ashok Kr. Keshari. For the State : Mr.Damodar Pd. Tiwary, APP 7 06.08.2010 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of Complaint Case no. 525 (M) of 1997 pending in the Court of Sri Raj 2 Kishore Rai, Judicial Magistrate, 1st class, Patna, including the order dated 04.1.2005 passed in the above Complaint Case (Trial no. 147 of 2005) declaring the petitioners absconder. After some arguments, learned counsel confined his submissions on the order declaring the petitioners absconder. Impugned order indicates that there was no report as to service of notices and any other requisition issued securing attendance of the accused persons, the petitioners. But, finding that all steps have already been taken the Court below arrived at the conclusion that there is no possibility of appearance of the accused persons. The learned Additional Public Prosecutor fairly conceded that in absence of service report the order declaring accused persons absconder is not sustainable. Considering the facts and circumstances, and substance in the submission the order dated 04th January, 2005 declaring the accused persons absconder is hereby set aside and this application stands allowed to the extent only. Simultaneously, the petitioners are, as prayed, 3 directed to appear before the court below on 06th September, 2010 and their appearance shall be treated as the case of first appearance without prejudice to the privilege as contained under Section 205 of the Code of Criminal Procedure, if made. (Akhilesh Chandra, J.) AAhmad