Research › Browse › Judgment

Rajasthan High Court · body

1994 DIGILAW 314 (RAJ)

Alhamdo v. State of Rajasthan

1994-04-18

N.L.TIBREWAL

body1994
JUDGMENT 1. - The petitioners, who are ladies, have filed this petition under/Section 482, Criminal Procedure Code, whereby the order dated 17.12.1993 of the learned Sessions Judge, Sikar, passed in Criminal Revision Petition 169/93, has been challenged. 2. The facts of the case are that the learned Magistrate, Laxmangarh, vide his order dated 7.12.93, took cognizance against the accused persons, including the petitioners of the offenceunder sections 147, 452 and 323, IPC. The petitioners challenged the said order in a revision petition before the learned Sessions Judge, Sikar. The learned Sessions Judge, Sikar, vide impugned order dated 17.12.93, after making an elaborate discussion, dismissed the revision petition. 3. Now, this petitionunder section 482, Cr.P.C., has been filed to challenge the order of the learned Sessions Judge, Sikar. 4. A preliminary objection has been raised by the learned Counsel for the complainant that the petitionunder section 482, Cr.P.C., is not maintainable, in view of the bar containedunder section 397(3), Cr.P.C. In my view, the objection raised by the learned Counsel is well-founded. The provisions of Section 397(3), Cr.P.C., cannot be circumvented similarly by filing a petitionunder section 482, Cr.P.C. and I do not find any such exceptional circumstance to invoke the powersunder section 482, Cr.P.C. 5. Faced with this situation, the learned Counsel contended that the learned Magistrate has issued non-bailable warrants against the petitioners and he submits that all the three petitioners shall appear in the Court of the learned Magistrate on any date, which may be fixed by this Court. He also states that all the petitioners are Tarda Nasheen' and personal attendance should be exempted by the learned Magistrate. 6. Taking into consideration all the facts and circumstances, I direct that the petitioners shall appear before the learned Trial Magistrate on or before May 9,1994. If they do so, they shall be released on bail, on such terms and conditions and the amount bail bonds to be specified by the said Court. It is also made clear that if any application for exemption from personal attendance is moved by the petitioners, the same shall be considered sympathetically, taking into consideration that they are women and the offences are of trivial nature.The petition is disposed of as indicated above.Petition dismissed. *******