Bheruram vs State Of Rajasthan
2021 Latest Caselaw 6336 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 3907/2020

Bheruram S/o Sh. Aaidanram, Aged About 81 Years, B/c Nayak, R/o Village Bakliyawas, Tehsil Merta, District Nagaur (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Sita Devi W/o Sh. Lalaram, Aged About 62 Years, B/c Nayak, R/o Village Gotan, Tehsil Merta, Dist. Nagaur (Raj.).

----Respondents

For Petitioner(s) : Mr. Mukesh Mehriya For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

03/03/2021

The instant criminal misc. petition has been filed by the

accused petitioner Bheruram, aged 81 years for assailing the order

dated 13.03.2020 passed by learned Addl. District & Sessions

Judge, Merta in Criminal Revision No.68/2019 whereby, the order

dated 08.03.2018 passed by learned ACJM, Merta in criminal case

No.266/18 taking cognizance against the petitioner and the other

revisionists for the offences under Sections 420, 467, 468, 471 &

120B IPC was partly allowed and the order was affirmed qua the

petitioner whereas same was quashed qua the other revisionists.

By order dated 08.03.2018, the petitioner had been summoned

through a warrant of arrest on a negative final report submitted

by the police after the investigation.

(2 of 2) [CRLMP-3907/2020]

Shri Mahariya submits that the petitioner may be given

liberty to raise all his objections before the trial court at the

appropriate stage. But as per him, the direction to summon the

petitioner through a warrant of arrest is totally unjustified. He

thus, urges that the order dated 08.03.2018 may be modified

suitably.

Learned Public Prosecutor does not object to the said

submission.

In this background, the petitioner is left to raise all his

objections on merits of the case before the trial court at the

appropriate stage of proceedings and the impugned orders are not

liable to be interfered with on this count. However, the direction to

summon the petitioner through warrant of arrest vide order dated

08.03.2018 is modified. The petitioner shall now be summoned

through a bailable warrant in the sum of Rs.50,000/-. He shall

surrender before the trial court within next thirty days and furnish

bail and bonds to its satisfaction whereupon he shall be enlarged

on bail.

The misc. petition is disposed of accordingly.

(SANDEEP MEHTA),J 37-Sudhir Asopa/-

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