JUDGMENT :

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the order dated 31.08.2005 whereby and where under proclamation under Section 82 of the Code of Criminal Procedure was issued against the petitioner and also the order dated 17.11.2005 whereby and where under the process under Section 83 of the Code of Criminal Procedure has been issued against the petitioner by the learned Additional Chief Judicial Magistrate, Bermo at Tenughat in Sessions Trial No.141 of 2015 arising out of Nawadih P.S. Case No.31 of 2003 which is now pending in the court of Judge-in-Charge (Record Room), Bermo at Tenughat.

3. The brief facts of the case is that on 31.08.2005, the Investigating Officer of the case returned the warrant of arrest issued inter alia against the petitioner and the learned Additional Chief Judicial Magistrate, Bermo at Tenughat only observed that since the accused has not surrendered, hence, issued the proclamation under Section 82 of the Code of Criminal Procedure and on 17.11.2005, the Investigating Officer of the case filed a petition pray