Rajasthan High Court - Jodhpur
Suresh Tiwari vs State on 22 June, 2017
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2007 / 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. DS Udawat.
For Respondent(s) : Mr. AS Rathore, PP for the State.
_____________________________________________________
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI,
VACATION JUDGE Order 22/06/2017
1. This criminal misc. petition under Section 482 Cr.P.C. for quashing of proceeding in connection with the FIR No.187/2007 dated 5.10.2017, Police Station Mandalgarh, District Bhilwara and against the order dated 20.07.2010 passed by Additional Chief Judicial Magistrate, Mandalgarh, District Bhilwara in Criminal Case No.385/2010 titled as State Vs. Suresh Tiwari. Offence under Sections 406, 420, 467, 468 & 471 IPC.
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 Sections 406 and 420 IPC. Thereafter, Criminal Case No.385/2010 was instituted and arrest warrant was issued against the present petitioner.
3. The limited prayer made by learned counsel for the petitioner is that the arrest warrant issued by the learned trial (2 of 2) [CRLMP-2007/2017] court 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 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. ck mishra