IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(Cr.) No.67 of 2011
Ratan Jalan @ Ratan Kumar Jalan ...... Petitioner
Versus
State of Jharkhand and ors. ....... Respondents
CORAM : HON'BLE THE ACTING CHIEF JUSTICE
.....
For the petitioner : M/s P.P.N.Roy, Sr.Adv.
For the Respondents : Mr.R.Mukhopadhyay,S.C.III
Dated-1st July, 2011
By Court- The office objections are dispensed with, in view of
the fact that the petitioner’s only prayer is that though in a complaint
case being Complaint Case No.316(A)/2002 ( Ratan Kumar Jalan
Vrs. Lalit Singh) registered under Section 138 of the Negotiable
Instrument Act, the accused has been summoned but they are
absconding since 2004. The writ petitioner has prayed only that the
State Officer be directed to execute the warrant issued by the court of
Judicial Magistrate, Ranchi in Complaint Case No.316(A)/2002.
2. It was the duty of the trial court itself to take action
against the serving authorities without intervention of this Court as
the trial court was competent to execute the warrant through the said
authority. However, since the prayer is with respect to getting the
process issued by the court to be served, therefore, this writ petition
is allowed and it is ordered that Superintendent of Police, Ranchi
shall see that the process issued by the court of learned Judicial
Magistrate in Complaint Case No.316(A)/2002 be executed without
any further delay.
2.
3. Let a copy of this order be sent to the trial court as well as a
copy of this order be also supplied to the Superintendent of Police,
Ranchi by the learned counsel for the State.
( Prakash Tatia, A.C.J. )
G.Jha/