IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.568 of 2011 RAMADHAR SINGH Versus THE STATE OF BIHAR & ANR. ----------- 2 20.05.2011 Heard learned counsel for the petitioner and the State. The prayer of the petitioner is for setting aside the order dated 08.12.1995 whereby the petitioner was declared absconder in connection with G.R. No. 2119 of 1992 arising out of Madanpur P.S. Case No. 152 of 192. Petitioner in support of the prayer submits that on perusal of the order sheet of the aforesaid case, it would appear that all the processes for attendance of the petitioner and accused in the above case were taken without following the procedure prescribed under the law, and as such the entire process i.e. issuance of summons, issuance of bailable warrant of arrest and non-bailable warrant of arrest under Sections 82 and 83 of the Code of Criminal Procedure cannot be sustained in law. It is further submitted that this writ application although has been filed for setting the order of the year 1995, however, petitioner has approached this court immediately on knowing about the above processes and as such, the prayer of the petitioner through this writ application deserves to be allowed. Mr. H. P. Singh, learned Govt. Advocate No. 8 appearing for the State submits that he has no 2 instruction in the matter. Considering the submissions of the petitioner and also on perusal of the averments made in the writ application as also the orders passed by the court below, it appears that the order declaring the petitioner as absconder was passed on 8th of December 1995 and the other processes compelling attendance of the petitioner was also issued thereafter. The petitioner has not appeared in the court below till date. In the above facts and circumstances of the case, I am not inclined to interfere in the matter. However, it goes without saying that in case petitioner surrenders in the court below and makes an appropriate application, the same be considered in accordance with law on the same day on its own merits provided a copy of the application is served on the counsel for the State in advance. The writ application stands disposed of. Let a copy of the order be communicated to the court of Chief Judicial Magistrate, Aurangabad for needful through fax on the cost being deposited by the petitioner. Jagdish/ ( Shailesh Kumar Sinha, J.)