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Om Prakash and Another vs State of Rajasthan and Another

Rajasthan High Court · Decided on 27 July 2009 · Citation: (2009) 07 RAJ CK 0023

HON’BLE JUDGES
H.R. Panwar, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 606 of 2009
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Judgment

4 paragraphs · 207 words

H.R. Panwar, J.—By the instant criminal miscellaneous petition u/s 482 CrPC., the order dt. 06.03.2009 passed by Additional Chief Judicial Magistrate No. 3, Bikaner (for short "the trial Court") has been challenged by the petitioner whereby the trial Court dismissed the application filed by the petitioners seeking exemption from personal appearance before the Court on 06.03.2009.

2.

Heard learned cousnel for the parties.

3.

Learned Counsel for the petitioners submits that the petitioners are real brother. On the relevant date, petitioner No. 1- Om Prakash was sick and, therefore, the petitioner could not attend the Court. Learned Counsel for the petitioner that the trial is at the fag end. The petitioners would appear before the trial Court on the next date fixed by the trial Court.

4.

having regard to the facts and circumstances of the case, the criminal misc. petition is allowed. The order impugned dt. 06.03.2009 passed by Additional Chief Judicial Magistrate No. 3, Bikaner is set aside and the personal appearance of the petitioners before the trial Court on 06.03.2009 is exempted. However, now the petitioners shall appear before the trial Court on the next date fixed by the trial Court and continue to appear till the conclusion of the trial of the case.