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Order(Oral) 24/10/2024

1. Petitioner/accused seeks quashing of order dated 12.02.2007 passed by the Learned Chief Judge (Junior Division) and Judicial Magistrate (First Class), Garhi, District Banswara, in Regular Case No.401/1998, pending under Section 457 & 380 of IPC. Learned trial court has forfeited his bail bonds, declared him as absconder, arrest warrant was issued against him, initiated proceedings under Section 82 & 83 Cr.P.C. against him and under Section 446 Cr.P.C.

4. On the merits of the allegations, the petitioner is confident that upon his appearance, he shall be metted with the same treatment as the other co-accused, given that the role attributed to the petitioner is much lesser. Despite these circumstances, the learned trial court did not consider the petitioner's grievance and ordered the forfeiture of his bail bonds. Additionally, the court initiated proceedings under Sections 82 & 83 Cr.P.C. against him and under Section 446 of the Cr.P.C. against his surety. The petitioner's inability to appear was due to unforeseen circumstances beyond his control, she contends.

7. As regards the directions issued by the learned trial court to initiate proceedings under Section 82/83 of Cr.P.C. against the petitioner coupled with invocation of section 446 of Cr.P.C. against the sureties, the same are also a serious procedural fallacy committed by the learned magistrate and cannot be sustained.

8. Reference may be had to two different judgments i.e. one on the guidelines enunciated qua invocation of Section 82/83 of Cr.P.C. and the other is with respect to guidelines enunciated for following the procedure to take steps under Section 446 Cr.P.C.