Krishan Lal vs State Of Rajasthan
2022 Latest Caselaw 1072 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6725/2021

Krishan Lal S/o Jagdish, Aged About 35 Years, B/c Chimmpa, R/o Raisinghnagar, Tehsil Raisinghnagar, Dist. Sriganganagar.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Pawan Kumar Agarwal S/o Sh. Siba Ram, C-69, Triveni Nagar, Rajavas, Sikar Road, Jaipur.

----Respondents

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

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

21/01/2022

This criminal misc. petition under Section 482 Cr.P.C. has

been preferred on behalf of the petitioner being aggrieved with the

order dated 18.11.2021 passed by the Additional Chief Judicial

Magistrate, Raisinghnagar, District Sri Ganganagar (hereinafter to

be referred as 'the trial court') in Criminal Case No.6670/2016,

whereby the petitioner has been summoned through warrant of

arrest.

It is observed by the trial court that despite service of

bailable warrant to the petitioner, he did not appear before the

trial court.

Learned counsel for the petitioner has submitted that due to

unavoidable circumstances, the petitioner could not appear before

the trial court on the fixed date. It is further submitted that the

petitioner is ready to surrender before the trial court, however, till

(2 of 2) [CRLMP-6725/2021]

then, the warrant of arrest issued against the petitioner may be

kept in abeyance.

Learned Public Prosecutor has opposed the criminal misc.

petition.

Having heard learned counsel for the parties, in the interest

of justice, I deem it appropriate to grant opportunity to the

petitioner to surrender before the trial court.

In view of the above, the petitioner is directed to surrender

before the trial court on or before 31st January, 2022.

If the petitioner surrenders before the trial court within the

time fixed and moves a regular bail application, it is expected that

the trial court shall decide the same expeditiously in accordance

with law.

Till 31st January, 2022, the warrant of arrest issued against

the petitioner by the trial court shall be kept in abeyance.

However, it is made clear that if the petitioner fails to

surrender before the trial court on or before 31 st January, 2022,

the order issuing warrant of arrest against him by the trial court

shall automatically be revived.

With these observations, this criminal misc. petition is

dismissed.

Stay petition is also dismissed.

(VIJAY BISHNOI),J 37-Arun/-

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