Rajasthan High Court - Jodhpur
Namit Agarwal vs State Of Rajasthan (2023:Rj-Jd:35373) on 16 October, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2023:RJ-JD:35373]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc (Pet.) No. 6431/2023
Namit Agarwal S/o Shri Mahesh Chandra Agarwal, Aged About
36 Years, R/o House No.87, Sitaram Complex, Sadar Bazar,
Morar, Mohanpura, Gwalior, Madhya Pradesh.
----Petitioner
Versus
State Of Rajasthan, Through Mahila Thana (West) Jodhpur,
Rajasthan
----Respondent
For Petitioner(s) : Mr.Prateek Surana.
For Respondent(s) : Mr.Mukhtiyar Khan, P.P
HON'BLE MR. JUSTICE KULDEEP MATHUR
ORDER
16/10/2023 The instant criminal miscellaneous petition under Section 482 Cr.P.C. has been filed by the petitioner for quashing the order dated 16.8.2023 passed by learned Additional Sessions Judge (PCPNDT Act Cases), Jodhpur Metro in connection with FIR No.160/2021 registered at Women Police Station Jodhpur West, whereby the bail bonds of the petitioner were forfeited and proceedings under Section 446 Cr.P.C. were initiated.
Learned counsel for the petitioner submitted that the petitioner is not aware of the niceties of law and therefore, due to unavoidable circumstances, he could not appear before competent criminal court on 16.8.2023 due to which, proceedings under Section 446 Cr.P.C. were ordered to be initiated. Learned counsel submitted that the petitioner is ready and willing to appear before the competent criminal court on or before 21.10.2023, therefore, (Downloaded on 12/11/2023 at 07:45:44 AM) [2023:RJ-JD:35373] (2 of 2) [CRLMP-6431/2023] on 21.10.2023 the proceedings under Section 446 Cr.P.C. initiated by the competent criminal court against the petitioner through order dated 16.8.2023 may be stayed.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the impugned order.
Having facts and circumstances of the case so also the fact that the petitioner has shown his willingness to appear before the competent criminal court on or before 21.10.2023, it is directed that the petitioner on surrendering before the competent criminal court on or before 21.10.2023, shall not be arrested. It is however made clear that in case, the petitioner fails to surrender himself before competent criminal court on or before 21.10.2023, the proceedings under Section 446 Cr.P.C. as ordered by competent criminal court vide order dated 16.8.2023 shall revive.
With these observations, the instant criminal miscellaneous petition is disposed of.
(KULDEEP MATHUR),J /tarun goyal/ Sr.No.394 (Downloaded on 12/11/2023 at 07:45:44 AM) Powered by TCPDF (www.tcpdf.org)