Rajasthan High Court - Jodhpur
Suresh vs State on 23 June, 2017
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2013 / 2017
Suresh Tiwari S/o Hira Lal Tiwari, Resident Of- Roopaheli, P.S.
Sadar Bhilwara, District Bhilwara.
----Petitioner
Versus
State of Rajasthan
----Respondent
_____________________________________________________
For Petitioner(s) : Mr. D.S. Udawat
For Respondent(s) : Mr. V. S. Rajpurohit, PP for the State
_____________________________________________________
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI,
VACATION JUDGE Order 23/06/2017
1. This Criminal Misc. Petiton under Section 482 Cr.P.C. has been preferred for quashing of proceeding in connection with FIR No. 50/2008 dated 21.01.2008 registered at Police Station, Kotwali Bhilwara, District Bhilwara for the offences under Sections 420, 467, 468, 471, 120(B) IPC and against the order dated 27.09.2008 passed by learned Additional Chief Judicial Magistrate, Bhilwara in Criminal Case No. 328/2009.
2. The FIR was lodged against the present petitioner and after completion of the investigation, challan has been filed under Section 299 Cr.P.C. for the offences under Section 420, 467, 468, 471, 120(B) IPC, on the ground that the petitioner was absconding. Thereafter, Regular Criminal Case No. 328/2009 (2 of 2) [CRLMP-2013/2017] was instituted and permanent arrest warrant was issued against the present petitioner.
3. The limited prayer made by learned counsel for the petitioner is that the permanent arrest warrant issued by the learned Additional Chief Judicial Magistrate may be converted into bailable warrant.
4. In view of the peculiar facts of the case and in the interest of justice as well as the precedent law laid down in Indramohan Goswami Vs. State of Uttaranchal reported in 2007 SCC Vol.12 Page 1 and Saukalchand Vs. State reported in 2008 AIR SC 251, this Court deems it appropriate to substitute the permanent arrest warrant with bailable warrant.
5. The present misc. petition is accordingly disposed of. The stay application also stands disposed of.
(DR. PUSHPENDRA SINGH BHATI)V.J. Solanki Sunil/-
S-157