JUDGMENT :

P.K. Misra, J. - The accused-petitioner has filed this application u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Cr.P.C") for quashing a criminal proceeding numbered as G.R. Case No. 1394/98 pending before the Sub-Divisional Judicial Magistrate, Puri, under the following circumstances :

2. It appears that the aforesaid G.R. case was registered on the basis of FIR lodged by one Subal Jena alleging commission of offences Under Sections 279 and 337, Indian Penal Code (in short, the "IPC"). Alter investigation, charge-sheet was filed and the Sub-Divisional Judicial Magistrate, Puri, took cognizance against the present petitioner on 6.2.1989 and issued summons against the petitioner. From the order-sheet it appears that the summons issued on several dates remained unserved and the service returns did not come on many occasions. Ultimately the Magistrate issued bailable warrant which also remained unexecuted and thereafter Non-Bailable Warrant was issued which was again not executed and the Court issued coercive process Under Sections 82 and 83, Cr.P.C. At that stage, the present petitioner appeared through his lawyers and filed application u/s