Dushyant vs State Of Rajasthan
2022 Latest Caselaw 1703 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 272/2022

Dushyant S/o Harihar Ji, Aged About 65 Years, R/o Dy. Director Office, Primary Education Department, Near Meera Girls College, Sardarpura, Bhupalpura, Udaipur.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Chandra Shekhar Rana S/o Jagdish Chandra Rana, R/o 135 N, Bhairway Nagar, Bedwad, Pratapnagar, Udaipur, Presently Sheristedar, At Ni Act No. 05, Udaipur, Bhupalpura, Udaipur.

----Respondents

For Petitioner(s) : Mr. Vipin Makkad (through VC) For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

03/02/2022

Learned counsel for the petitioner has submitted that the

action of the trial court of directing to lodge FIR against the

petitioner for the offence punishable under Section 229-A IPC is

illegal. It is further submitted that the petitioner is facing trial

before the trial court for the offence punishable under Section 138

of NI Act and he was released on bail on furnishing sureties bonds

before the trial court, however later on, when he failed to appear

on the date fixed before the trial court, the trial court has

cancelled his bail bonds and issued a warrant of arrest against him

and further directed to initiate proceedings under Section 446

CrPC against him. Further the trial court has also directed to

(2 of 2) [CRLMP-272/2022]

register FIR against the petitioner for the offence under Section

229-A IPC.

It is submitted that the offence punishable under Section

229-A IPC can only be made out against a person, if he is released

without furnishing any sureties and failed to attend the hearing.

Learned counsel for the petitioner has placed reliance the decision

of this Court rendered in Pradeep Goswami Vs. State of

Rajasthan reported in [2010] 1 CrLR 141.

Issue notice. Issue notice of stay petition as well.

Learned Public Prosecutor accepts notice on behalf of the

respondent- State. He may file reply to the misc. petition within a

period of four weeks.

In the meanwhile, further proceedings in connection with the

FIR No. 209/2021 of Police Station Bhupalpura, District Udaipur

shall remain stayed till the next date.

(VIJAY BISHNOI),J SURABHII/12-

Powered by TCPDF (www.tcpdf.org)