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2015 DIGILAW 94 (RAJ)

Amra Ram v. State of Rajasthan

2015-01-12

VIJAY BISHNOI

body2015
JUDGMENT 1. - This criminal misc. petition under Section 482 Cr.PC. has been filed by the petitioner being aggrieved with the order dated 7.3.2014 passed by the Sub - Divisional Magistrate. Bilara in pending proceedings against the petitioner under Section 122 Cr.P.C. 2. Vide order dated 7.3.2014, the Sub- Divisional Magistrate, Bilara has ordered for summoning the petitioner through arrest warrant as he failed to appear before it on the date fixed. Learned counsel for the petitioner has submitted that the proceedings under Section 122 Cr.PC. are pending against the petitioner since 31.12.2012 and in the said proceedings on each and every date, the petitioner remained present either personally or through his Advocate and only on one occasion, he failed to appear before the court below. It is submitted that the petitioner is ready to appear before the court below on 19th January, 2015 and it is prayed that the order of issuance of arrest warrant may kindly be quashed. 3. Learned Public Prosecutor as well as the learned counsel for the complainant have opposed the prayer of the petitioner and has argued that the Sub-Divisional Magistrate, Bilara has not committed any illegality in passing the order dated 7.3.2014. 4. Heard learnennd counsel for the parties and perused the impugned order as well as the order sheets pertaining to proceedings under Section 122 Cr PC. pending against the petitioner. 5. From perusal of the order sheets, it is clear that in the proceedings under Section 122 Cr.P.C., the petitioner remained present before the court below personally or through his Advocate on each and every date, however, on 7.3.2014, he remained absent and court below has ordered for issuance of arrest warrant against him. 6. In view of above facts and circumstances of the case and in the interest of justice, this criminal misc. petition is allowed. The order dated 7.3.2014 is quashed. The petitioner is directed to remain present before the Sub3 Divisional Magistrate, Bilara on 19.01.2015 in the pending proceedings against him under Section 122 Cr.P.C. and on furnishing personal bail bonds of Rs. 25,000/- and two sureties of like amount, he shall be released on bail. The petitioner shall also file an undertaking before the Sub-Divisional Magistrate, Bilara that he shall remain present before the court below on each and every date. 25,000/- and two sureties of like amount, he shall be released on bail. The petitioner shall also file an undertaking before the Sub-Divisional Magistrate, Bilara that he shall remain present before the court below on each and every date. It is made clear that if the petitioner fails to appear before the court below on 19.01.2015, the order dated 7.3.2014, whereby the petitioner is summoned through arrest warrant, shall automatically revived.Petition allowed. *******