IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15626 of 2009 SUDARSHAN LOHIA, son of Balkrishna Lohia, resident of 176, Mahatma Gandhi Road, 2nd Floor, Calcutta – Petitioner. Versus THE UNION OF INDIA THRU. CBI. ----------- For the petitioner : Mr.S. K. Mishra, Advocate. For the C. B. I. : Mr. Bipin Kumar Sinha, Advocate. 5 13.8.2009 Heard learned counsel for the parties. The petitioner has filed this application for quashing the order taking cognizance, dated 2.9.1988 and the order issuing non bailable warrant of arrest. The facts of this case are that R.C. No. 2/1986 (R) on being instituted was pending in Ranchi which at the relevant time was within the jurisdiction of this court. The trial of the case commenced and the witnesses were examined and the prosecution evidence closed on 2.6.2000. The C.B.I. moved the Ranchi bench of the Patna High court, as it then was, against the order, dated 2.6.2000 under section 482 of the Cr.P.C. The petitioner appeared during the proceeding. However, he was not represented on the date when the final order was passed by the Ranchi bench of this court on 5.8.2008 setting aside the order closing the prosecution and the defence evidence. During the pendency of the quashing application the case was transferred to Bihar in 2004 and is presently pending before the Special Judicial Magistrate, C.B.I., Patna. The petitioner has not appeared before the Special Judicial Magistrate, Patna and as such he has passed an order on 12.2.2009 issuing non-bailable warrant of arrest against him. At that stage the petitioner filed an application for 2 recalling the order, dated 12.2.2009 which was rejected on 25.5.2009. The petitioner has filed an interlocutory application by which he has sought amendment in the prayer portion by adding a prayer to quash the order, dated 12.2.2009 by which non bailable warrant of arrest was issued. It goes without saying that as far as orders of cognizance or framing of charge are concerned or even the prayer to quash the entire prosecution, it would be traversity of law to allow the prayer in the facts of this case. Coming to the next prayer made on behalf of the petitioner to quash the non-bailable warrant of arrest learned counsel produces before this court an order passed by a bench on 1.6.2006 in Cr. Misc. No. 17408/2006 (Bijay Krishna Sahay vs. State of Bihar) wherein the facts were somewhat similar, that is, in the said application Bijay Krishna Sahay had also made a prayer for quashing non-bailable warrant of arrest issued in that case. This court had given leave to the petitioner to appear before the Special Judge subject to certain conditions. In the present case this court finds that in view of the fact that the case was transferred to Bihar from Jharkhand in 2004, considering the fact that an order was passed by the Jharkhand High court on 5.8.2008 setting aside the order of the court below closing the prosecution evidence, also the fact that the petitioner remained unrepresented on the date of final order, dated 5.8.2008, this court orders that the petitioner should appear before the Special Judicial Magistrate, C.B.I. Patna in RC 2/1986(R) within a period of two 3 weeks from today. The Special Judicial Magistrate will grant bail to the petitioner on the condition that he should appear on each and every date and as and when required by the court and if he absents even on a single date without cause, no further indulgence would be granted by the court. It is also directed that the Special Judicial Magistrate should insist that one of the bailers of the petitioner would be a close family member although he may not be a resident of Bihar. Accordingly, the order dated 12.2.2009 is quashed and this application stands disposed of with the aforesaid observations and directions. The petitioner is permitted to deposit the cost of Fax for communicating this order to the Special Judicial Magistrate, C. B. I. Patna in R.C. No. 02/1986 (R). haque (Sheema Ali Khan, J.)