1 2025:CGHC:23474 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1768 of 2025 Simanchal Mahakunda S/o Late Shri Narasingha Mahakunda Aged About 35 Years R/o Nabrangapur, Near ORT Garage, District Nabrangapur, Odisha ... Petitioner versus State Of Chhattisgarh Through Police Station Kondagaon, District Kondagaon Chhattisgarh ... Respondent For Petitioner : Mr. Harshmander Rastogi, Advocate For Respondent : Mr. Vivek Sharma, Addl. A.G. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 12/06/2025 1. The present petition under Section 528 of BNSS has been filed for setting aside the order dated 25.03.2025 passed by the JMFC, Kondagaon in the Criminal Case No. 389/2019 whereby permanent arrest warrant has been issued against the petitioner declaring him as absconder. 2. The petitioner is facing criminal proceedings under Section 420 of IPC before the JMFC, Kondagaon in Criminal Case BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2025.06.16 18:30:36 +0530 2 No.389/2019. The trial Court while passing the impugned order observed that the case was fixed for decision on 27.02.2025 but the accused/petitioner left the Court at tea time without any information. Thereafter, on the request of the advocate, dates of 06.03.2025 and 18.03.2025 were given but the petitioner did not appear on both the dates. Hence, arrest warrant was issued on 18.03.2025 which has also not been executed. In compliance of the said arrest warrant Head Constable Mithlesh Kumar went to the concerned Police Station of Nabarangpur (Odisha) on 24.03.2025 and reached the residence of the petitioner along with the local police staff. The sister of the accused/petitioner was found at home from whom information was sought regarding the warrant issued by the Court. She told that the accused/petitioner comes house occasionally and has not come home for a long time. In such situation, the trial Court came to the conclusion that it appears that the petitioner has absconded and there is no possibility of his being traced in the near future. Therefore, the impugned order of permanent arrest warrant was issued against the petitioner declaring him as absconder and this Court does not find any illegality or infirmity in the same warranting any interference by this Court. 3. Accordingly, the present CRMP is dismissed at the motion stage. Sd/- (Sanjay Kumar Jaiswal) Judge Khatai