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High Court Of ChhattisgarhWPC/908/2017disposed off

Lakhan Singh v. State Of Chhattisgarh

2017-04-12Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 908 of 2017 Lakhan Singh S/o Sobhnath Singh Aged About 45 Years R/o. Village Jajjga Tahsil Udaipur, District Surguja (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Panchayat And Social Welfare Department Mantralaya, Mahanadi Bhawan Raipur (Chhattisgarh)

2. Sub Divisional Officer, Udaipur, District Surguja Chhattisgarh.

3. Chief Executive Officer, Jila Panchayat, Surguja (Chhattisgarh)

4. Station House Officer Police Station Lakhanpur District Surguja (Chhattisgarh) ---- Respondents For Petitioner :

Mr. N.K. Sinha, Advocate.

For State :

Mr. Sangharsh Pandey, Dy. G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 12/0 4/2017 Heard.

1.

This petition has been filed by the petitioner aggrieved by order dated 09.03.2017 and 17.03.2017 by which, arrest warrant has been issued against the petitioner.

2.

Learned counsel for the petitioner submits that for valid reason, due to illness, the petitioner, though, was appearing before the Sub-Divisional Officer, failed to appear on subsequent dates and now a warrant of arrest has been issued for sending him to civil jail by the competent authority. 3.

After going through the order-sheets I find that between the period from 16.12.2016 till 09.03.2017, the case was listed before the SubDivisional Officer on nine occasions, out of which, the present petitioner

appeared only on 20.01.2017. Therefore, in these circumstances, the arrest warrant was issued.

4.

If the petitioner has a case that because of his illness, he could not appear without any intention to avoid the proceeding, the petitioner may apply for cancellation of warrant along with a certificate of medical practitioner regarding his inability to appear on 09.03.2017. 5.

Subject to the aforesaid liberty to apply before the Sub-Divisional Officer, in which eventuality, the Sub-Divisional Officer shall duly consider his application, no further orders are required to be passed by this Court. 6.

With the aforesaid liberty, the petition is disposed off. Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha