The State Of Karnataka vs Savithri @ Usha on 20 November, 2024

The petitioner - State is before this Court calling in question an order dated 22.06.2022, passed by the Additional Civil Judge and JMFC, Belthangady, D.K., in Crime No.73/2012 (C.C.No.462/2017), rejecting an application filed by the State under Section 267 of the Cr.P.C.

2. Heard Sri B.N.Jagadeesha, learned Additional State Public Prosecutor for the petitioner - State.

3. The respondent - accused gets embroiled in a crime for offences punishable under 143, 147, 148, 121(b), 307, 333, 353 r/w. 149 of the IPC, Sections 3 and 25 of the Indian Arms Act, Section 16(1)(b), 18A and 20 of the Unlawful Activities (Prevention) Act and Section 4(b) of the Explosive Substances Act, 1908, in crime No.73/2012. On completion of investigation, the police file a charge sheet, the matter is committed to the Court of Sessions and pending in C.C.No.462/2017. The prosecution on 22.06.2022 files an application seeking body warrant of the accused who was NC: 2024:KHC:46978 absconding in the charge sheet but was then lodged in a Central Jail, Thrissur, Kerala State. The application comes to be rejected by the concerned Court on the ground that the main case is already disposed and therefore, the body warrant cannot be issued in the case which is already closed. This order has driven the petitioner - State to this Court in the subject petition.

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NC: 2024:KHC:46978

5. The issue in the lis is not with regard to the merit of the matter. In the pending proceedings, the petitioner - State files an application under Section 267 of the Cr.P.C. seeking an order for body warrant to secure the respondent who was then in a jail at Thrissur. This comes to be rejected. Therefore, it becomes germane to notice the requisition and the order impugned dated 22.06.2022. They read as follows:


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All that the concerned Court reason out for the rejection of the application is that, the proceedings before it are already closed as the matter is committed to the Court of Sessions on filing of the charge sheet and nothing is pending before it. The rejection of the application seeking body warrant appears to be erroneous as the right of the prosecution to file the charge sheet would always be available and the application has been preferred appropriately before the concerned Court. Since the NC: 2024:KHC:46978 respondent was shown to be absconding at the time of filing of the charge sheet and later found to be housed in the Central Jail at Thrissur, Kerala, the application requires to be reconsidered owing to Section 267 of the Cr.P.C.

6. In that light, I deem it appropriate to remit the matter back to the concerned Court with a direction to consider the application seeking body warrant under Section 267 of the Cr.P.C. filed by the prosecution and pass necessary orders in accordance with law.

7. For the aforesaid reasons, the following:

ORDER a. The criminal petition is allowed.

b. The order dated 22.06.2022, passed by the Court of Additional Civil Judge and JMFC, Belthangady, D.K., in Crime No.73/2012 (C.C.No.462/2017) on the application filed under Section 267 of the Cr.P.C., by the State, stands quashed.

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