Rajasthan High Court - Jaipur
Pradeep Kumar Son Of Shri Ummed Singh ... vs State Of Rajasthan on 3 January, 2022
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 8107/2021
Pradeep Kumar Son Of Shri Ummed Singh Pareek, Aged About
57 Years, Resident Of Village And Post Morva, Police Station
Pilani, Tehsil Surajgarh, District Jhunjhunu (Raj).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Sumer Singh
For Respondent(s) : Mr. Arvind Kumar, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
03/01/2022
By way of filing the instant miscellaneous petition, challenge has been made to the order dated 15.11.2021 passed by the learned Judicial Magistrate, Sikar, Rajasthan in Criminal Case No. 213/1999 titled as State of Rajasthan v. Jaisingh whereby the application filed by the petitioner for rehearing the petitioner in respect of proceeding under Section 82 & 83 Cr.P.C.
It seems that the learned Magistrate has dismissed the application on the premise that the Criminal Court cannot review or recall its own order by virtue of Section 362 of Cr.P.C. It seems that the bail bonds of the petitioner were forfeited during the trial and accordingly the proceedings under Section 82 & 83 of Cr.P.C. was initiated.
On the day fixed for hearing on application, learned counsel for the accused-petitioner was not present and therefore, the (Downloaded on 05/01/2022 at 09:02:00 PM) (2 of 2) [CRLMP-8107/2021] same had been dismissed for want of prosecution. The accused- petitioner was facing trial under Section 323, 341 & 325 of IPC that has been culminated now and the accused has been acquitted from the charges leveled against him.
Though review is not permissible under law but looking to the totality of the facts and circumstances and the fact that the matter pertains to the valuable right of the accused in connection with the movable and immovable property, therefore, humanitarian approach is required to be adopted.
The proceeding under Section 82 & 83 of Cr.P.C. are initiated for the purpose of compelling presence of the accused before the trial and the same is not made for the purpose of taking the property of the accused and debarring him from enjoying his own property.
In this view of the matter, I deem it appropriate to set aside the order dated 15.11.2021 passed by the learned Judicial Magistrate, Sikar, Rajasthan in Criminal Case No. 213/1999 and he is directed to hear the accused-petitioner on the proceeding under Section 82 & 83 of Cr.P.C. and pass an order afresh strictly in accordance with law.
Accordingly, the petition is disposed of.
(FARJAND ALI),J SAHIL SONI /112 (Downloaded on 05/01/2022 at 09:02:00 PM) Powered by TCPDF (www.tcpdf.org)