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2013 DIGILAW 1889 (RAJ)

Mahendra Kumar v. State of Rajasthan

2013-10-29

SANDEEP MEHTA

body2013
JUDGMENT 1. - Issue notice. 2. Learned Public Prosecutor accepts notice on behalf of the respondents. 3. The matter is being heard and decided at this stage with the consent of learned counsel for the parties. 4. The instant misc. petition has been filed on behalf of the petitioner challenging the order dated 15.6.2013 passed by the learned Addl. Chief Judicial Magistrate, Banswara in Criminal Regular Case No. 420/2001, whereby, the learned Addl. Chief Judicial Magistrate, Banswara issued a warrant of arrest and summoned the petitioner in a complaint under Section 7/16 of the Food Adulteration Act. 5. Learned counsel for the petitioner submits that the process of the complaint was never served upon the petitioner and, as such, the learned trial judge was not justified in issuing warrant of arrest against the petitioner. Learned counsel further submits that the petitioner is ready and willing to participate in the trial. He the prays that the order issuing warrant of arrest against the petitioner be modified and the petitioner be summoned through bailable warrant. 6. Keeping in view the overall facts and circumstances of the case, this Court is of the opinion that no useful purpose would be served by keeping the warrant of arrest alive because the same may cause undue delay in the trial. 7. Accordingly, the order dated 15.6.2013 passed by the learned Addl. Chief Judicial Magistrate, Banswara issuing warrant of arrest against the petitioner is modified. Now, the petitioner shall be summoned through bailable warrant in the sum of rupees fifty thousand. The petitioner shall appear before the Trial Court within a period of four weeks from today and furnish the bail bonds in terms of the bailable warrant to the satisfaction of the learned Trial Court. In the event, the petitioner fails to do so, the learned Trial Court shall issue a standing warrant of arrest against the petitioner.The misc. petition as well as the stay petition are disposed of accordingly.Petition disposed of. *******