Rajasthan High Court - Jodhpur
Ashok Sharma vs State Of Rajasthan (2025:Rj-Jd:30957) on 15 July, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:30957]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5471/2025
Ashok Sharma S/o Shyam Lal Sharma, Aged About 35 Years, R/o
Panchu, Nokha, Dist. Bikaner
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Umesh Kalla
For Respondent(s) : Mr. Narendra Gehlot, PP
Mr. Omprakash Choudhary, AGA
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 15/07/2025
1. By way of filing the present criminal misc. petition under Section 528 BNSS, the petitioner has prayed for the following reliefs:-
"It is, therefore, most respectfully prayed on behalf of petitioners that this Cr. Misc. petition may kindly be allowed and the Order dated 17.04.2025 passed by learned Additional Chief Judicial Magistrate, Nohar, District Hanumangarh in Criminal Regular Case No.750/2022 may kindly be quashed and set aside and the warrant in furtherance thereof as also the proceedings under Section 446 of Cr.P.C. initiated against the petitioner may kindly be dropped."
2. Learned counsel for the petitioner submitted that due to non- appearance of the petitioner before the learned trial Court, the learned trial Court has directed to initiate proceedings against petitioners under Section 446 Cr.P.C. and issued warrant of arrest against him.
3. Learned counsel submitted that the petitioner is ready and willing to appear before the learned trial Court and co-operate in (Downloaded on 17/07/2025 at 09:36:08 PM) [2025:RJ-JD:30957] (2 of 2) [CRLMP-5471/2025] the ongoing trial against him. He thus prayed that warrant of arrest may be converted into bailable warrant and the proceedings under Section 446 Cr.P.C. may be set aside.
4. Having considered the facts and circumstances of the case, the present criminal misc. petition in disposed of while directing substitution of warrant of arrest into bailable warrant. The petitioner is directed to appear before the learned trial Court within a period of fifteen days from today. In case the petitioner fails to appear before the learned trial Court within the stipulated period, then the order dated 17.04.2025 for securing his presence through warrant of arrest shall stand revived.
5. It is further made clear that the petitioner on his appearance before the learned trial Court, shall be at liberty to make a prayer for dropping of the proceedings initiated against him under Section 446 Cr.P.C.
6. All pending applications stand disposed of.
(KULDEEP MATHUR),J 40-divya/-
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