Rajasthan High Court - Jodhpur
State vs Raju And Ors. (2023:Rj-Jd:24811) on 4 August, 2023
Bench: Farjand Ali
[2023:RJ-JD:24811]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2484/2017
State Of Rajasthan
----Petitioner
Versus
1. Raju S/o Hajari Banjara, R/o Gundarel, P.s. Kanera At
Present Kheda Kopla P.s. Nahargarh District Mandsore
M.p..
2. Magni Ram S/o Dalla Ram, By Caste Meena, R/o
Pachundal, Sadi, Chittorgarh.
3. Shanti Lal S/o Mohan Lal, By Caste Baregama, R/o
Kapasan, P.s. Kapasan, Chittorgarh.
----Respondents
For Petitioner(s) : Mr. Gaurav Singh, PP
For Respondent(s) : Mr. M.S. Soni
HON'BLE MR. JUSTICE FARJAND ALI
Order
04/08/2023
1. The background of the case is that the non-petitioner Raju
Banjara was tried, convicted and sentenced for the offence under
Sections 457 and 380 of the IPC and he was directed to suffer
three years imprisonment vide judgment of conviction dated
24.04.2008 passed by the learned Judicial Magistrate Ist Class,
Gangrar, District Chittorgarh in Criminal Case No.245/2007 which
was affirmed by the learned Additional Sessions Judge No.3,
Chittorgarh vide its judgment dated 04.08.2016 in Criminal Appeal
No.40/2013. The petitioner herein moved a revision petition (S.B.
Criminal Revision Petition No.1023/2016) before this Court
challenging the judgment of conviction.
[2023:RJ-JD:24811] (2 of 3) [CRLMP-2484/2017]
2. Aggrieved by both the orders, the non-petitioner Raju
preferred a Revision Petition being S.B. Criminal Revision
No.1023/2016 along with an application for suspension of
sentence being S.B. Criminal Application for Suspension of
Sentence (SOSR) No.395/2016 before this Court. The said
application for suspension of sentence preferred by him was
allowed by the Coordinate Bench of this Court vide order dated
27.09.2016 and he was directed to be released on bail by
suspending his sentence. While disposing of the application for
suspension of sentence, the applicant-petitioner was directed to
mark his presence before this court on 26.10.2016 and whereafter
he was required to appear before the trial court in the month of
January every year till disposal of the revision petition.
3. Vide order dated 13.07.2017 the Coordinate bench of this
Court observed that the petitioner made default in marking his
presence before the trial court upon which directions were made
to cancel the bail granted to him and simultaneously, directions
were issued to initiate proceeding under Section 446 of the Cr.P.C.
Hence, the instant miscellaneous petition has been registered for
the aforesaid purpose.
4. Vide order dated 13.07.2023, an explanation was
summoned from the trial Court regarding compliance of the order
dated 05.07.2021 which was passed in respect of conclusion of
the proceeding under Section 446 Cr.P.C. This Court is in receipt
of the report dated 03.08.2023 sent by learned Judicial
Magistrate, Gangrar averring therein the circumstances of the case
as well as the status of the proceeding initiated against the
accused non-applicant Raju Banjara. It is mentioned in the
[2023:RJ-JD:24811] (3 of 3) [CRLMP-2484/2017]
aforesaid report that in pursuance of the order passed by this
Court, the requisite proceeding under Section 446 of the Cr.P.C.
bearing Criminal Case No.248/2017 were opened and notices were
issued to the non-applicant Raju Banjara and his sureties. On
02.08.2019, the non-applicant Raju Banjara appeared and filed
the reply whereafter the learned trial Court had dropped the
proceeding under Section 446 of the Cr.P.C. against him and his
sureties. It is mentioned that though there were instructions to
sent the report to this court but somehow probably due to clerical
mistake the desired report could not be communicated to this
Court.
5. Since the accused Raju Banjara has appeared and the
proceeding under Section 446 Cr.P.C. against him and his sureties
has been dropped by the trial court, therefore, no further order is
required to be passed in the instant Miscellaneous Petition. Thus,
nothing remains to proceed further the instant Miscellaneous
Petition, the same is disposed of in the above terms.
6. The report sent by the learned magistrate dated 03.08.2023
is taken on record.
(FARJAND ALI),J
52-Mamta/-
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