Rajasthan High Court - Jodhpur
Sunil Kumar vs . State Of Rajasthan on 22 September, 2015
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
1
S.B. CRIMINAL MISC. PETITION NO.2622/2015
Sunil Kumar Vs. State of Rajasthan
Date of order : 22.09.2015
HON'BLE MR. JUSTICE VIJAY BISHNOI
Mr. Mahender Bishnoi, for the petitioner. Mr. Vikram Rajpurohit, Public Prosecutor.
This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner while challenging the order dated 21.10.2011 whereby the Additional Chief Judicial Magistrate, Rajgarh, Churu (hereinafter referred to as 'the court below') has declared the petitioner as absconder in connection with FIR No.56/2011 of Police Station Hamirwas, District Rajgarh and ordered for initiating the proceedings under Sections 82 and 83 Cr.P.C.
Learned counsel for the petitioner has argued that before declaring the petitioner as absconder and initiating the proceedings under Sections 82 and 83 Cr.P.C., the mandatory procedure laid down under Sections 82 and 83 Cr.P.C. has not been followed by the court below. It is also argued that the petitioner is residing at village Khara, Tehsil Phalodi, District Jodhpur and is not absconding, but the court below, without ascertaining the said fact and simply on the basis of statement of police constable, has declared the petitioner as 2 absconder and has also illegally ordered for initiation of proceedings under Sections 82 and 83 Cr.P.C. vide order dated 21.10.2011. Learned counsel for the petitioner has also submitted that the petitioner is ready to appear before the trial court if short time is granted to him. It is also contended that the petitioner came to know about the order dated 21.10.2011 recently, therefore, has approached this Court.
Issue notice. Issue notice of stay petition.
Learned Public Prosecutor accepts notice on behalf of respondent-State.
Meanwhile, the petitioner may appear before the Court of Additional Chief Judicial Magistrate, Rajgarh, District Churu on or before 12th October, 2015 and till then, the standing arrest warrant issued against the petitioner and the proceedings under Sections 82 and 83 Cr.P.C. shall remain stayed. It is made clear that if the petitioner fails to appear before the trial court on or before 12th of October, 2015, the order dated 21.10.2011 shall be revived automatically.
Put up on 26.10.2015.
[VIJAY BISHNOI],J.
Babulal/ 61