Rajasthan High Court - Jaipur
Pushp Dutt vs State Of Rajasthan And Anr on 2 November, 2010
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CRIMINAL MISC.PETITION NO.1253/2010. Pushp Dutt Vs. State of Rajasthan & Anr. Date of order : 2/11/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Rinesh Gupta for petitioner. Shri Peeyush Kumar, Public Prosecutor for State. Shri Mahendra Goyal for complainant-respondent No.2. ****** BY THE COURT:-
The instant criminal misc.petition under Section 482 Cr.P.C. has been filed challenging the order of learned Civil Judge (Junior Division) and Judicial Magistrate First Class, Laxmangarh District Sikar dated 8/6/2006 by which, cognizance was taken against the accused-petitioner for offence u/Ss.420, 447, 467, 468, 471 and 120B IPC as well as the order of learned Additional Sessions Judge No.1, Sikar dated 24/2/2010 whereby, revision petition filed against the aforesaid order taking cognizance has been dismissed.
Learned counsel for the petitioner has at the outset submitted that matter has been compromised between the petitioner and complainant-respondent No.2 because petitioner was bonafide purchaser and he has purchased the land believing accused Jai Govind to be owner of the property whereas, it was subsequently discovered that property was owned by the complainant. It is submitted that criminal proceedings against the petitioner may be quashed as no fruitful purpose would be served by keeping such proceedings pending against him.
Learned counsel for the complainant although does not oppose the prayer of the petitioner but he has submitted that criminal proceedings are not only against the petitioner but also against other co-accused and that may be quashed against the petitioner but not against the other co-accused, who is still absconding.
At this stage, learned counsel for petitioner has alternatively prayed that arrest warrants issued against the petitioner may be converted into bailable warrants if the court is not persuaded to quash the criminal proceedings against him because of the fact of absconding other co-accused.
In the facts aforestated, the criminal proceedings cannot be partially quashed against the petitioner while keeping the same pending against other co-accused.
Having regard to the fact that the compromise is arrived at between the petitioner and complainant respondent No.2, I deem it appropriate to convert arrest warrants into bailable warrants.
In the result, this criminal misc.petition under Section 482 Cr.P.C. is partly allowed. On appearance of the accrued-petitioner before the trial court, that court shall convert the arrest warrants into bailable warrants and require the petitioner to furnish bail bonds with surety as per his satisfaction in accordance with law.
(MOHAMMAD RAFIQ), J.
anil IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR.
O R D E R S.B. CRIMINAL MISC.STAY APPLICATION NO.1089/2010.
in S.B. CRIMINAL MISC.PETITION NO.1253/2010.
Pushp Dutt Vs. State of Rajasthan & Anr.
Date of order : 2/11/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Rinesh Gupta for applicant-petitioner. Shri Peeyush Kumar, Public Prosecutor for State. Shri Mahendra Goyal for complainant-respondent No.2. ****** BY THE COURT:-
Consequent upon disposal of the main petition, this stay application does not survive and the same is accordingly dismissed.
(MOHAMMAD RAFIQ), J.
anil