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Purushottam Lal @ Tonia vs State of Rajasthan

Rajasthan High Court · Decided on 1 November 2010 · Citation: (2010) 11 RAJ CK 0066

HON’BLE JUDGES
Mohammad Rafiq, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 190, 446, 482, 70(2) · Rajasthan Excise Act, 1950 — Section 19, 54
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 450 of 2010
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Judgment

6 paragraphs · 336 words

Mohammad Rafiq, J.—This petition u/s 482 Code of Criminal Procedure has been filed by Petitioner assailing order dated 04.01.2010 of learned Additional Sessions Judge, Khetri, District Jhunjhunu, in Criminal Revision No. 133/2009 whereby revisional court dismissed revision petition filed by Petitioner and affirmed the order dated 09.011.2009 of learned Juridical Magistrate, Khetri, District Jhunjhunu, in Criminal Case No. 520/2005 dismissing Petitioner''s application u/s 70(2) of Code of Criminal Procedure Petitioner had requested that standing arrest warrant issued against him by the trial court on 12.01.2006 be converted into bailable warrant but his request was rejected by the trial court.

2.

Contention of learned Counsel for Petitioner is that alleged offence against Petitioner is u/s 19/54 of the Rajasthan Excise Act. Recovery is made at the instance of co-accused Deepak Kumar and that offence is triable by court of Magistrate. Police did not file any challan against Petitioner. It is the trial court which has taken cognizance against Petitioner on application of Assistant Public Prosecutor u/s 190 Code of Criminal Procedure, without issuing notice and affording any opportunity of hearing to him. He would undertake to regularly appear before the court on each and every date as and when called upon to do so. It is therefore prayed that standing arrest warrant be converted into bailable warrants.

3.

Learned Public Prosecutor opposed the petition.

4.

Considering all facts and circumstances of case and willingness of Petitioner to appear before the court concerned, I deem it appropriate to grant the prayer.

The criminal misc. petition u/s 482 Code of Criminal Procedure is allowed. Impugned orders dated 09.11.2009 and 04.01.2010 are set-aside. Standing arrest warrant of petition is converted into bailable warrants in the sum of Rs. 30,000/-with two sureties of Rs. 15,000/-each and he shall submit fresh bail bonds in aforesaid sum in that court. This is however without prejudice to the continuation of proceedings u/s 446 Code of Criminal Procedure

5.

This Criminal Misc. Petition u/s 482 Code of Criminal Procedure is disposed of with aforesaid observation.