Aasuram vs State Of Rajasthan
2023 Latest Caselaw 4864 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 775/2023

Aasuram S/o Sh. Doongarram Jat, Aged About 85 Years, R/o W.no. 14, Padihara, Ratangarh, Dist. Churu.

                                                                       ----Petitioner
                                      Versus
State Of Rajasthan, Through Pp
                                                                     ----Respondent


For Petitioner(s)           :     Mr. C.S. Bissa
For Respondent(s)           :     Mr. Vikram Sharma, PP



         HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                                       Order

18/05/2023

The instant misc. petition under Section 482 Cr.P.C. has

been filed by the petitioner for quashing the order dated

15.11.222 passed by Additional Chief Judicial Magistrate,

Ratangarh, Churu in case No.172/2019 whereby the application

for exemption to appear before the trial Court on each and every

date filed by the petitioner was rejected.

Learned counsel for the petitioner submits that the petitioner

is an old man aged 85 years and he is also ailing from old age

diseases. Counsel submits that he cannot even walk properly and

is also suffering from poor eye-sight. Learned counsel has assured

that the petitioner will appear before the Court when statement

under Section 313 Cr.P.C. will be recorded as well as at the time of

final judgment and whenever the trial Court will direct him to

appear before the Court but the Court below has rejected his

application without assigning any cogent reason. In such

(2 of 2) [CRLMP-775/2023]

circumstances, the misc. petition may kindly be allowed and the

impugned order may kindly be quashed and set aside.

Learned Public Prosecutor opposed the prayer made by

learned counsel for the petitioner.

I have considered the arguments advanced before me and

gone through the material available on record.

Since, the petitioner is an old man aged 85 years and is not

in healthy condition and he assures the Court that he will appear

before the Court when statement under Section 313 Cr.P.C. will be

recorded as well as at the time of final judgment and whenever

the trial Court will direct him to appear before the Court. In these

circumstances, the petitioner is exempted from to appear before

the trial Court on each and every date of hearing.

Accordingly, the criminal misc. petition is hereby allowed.

Stay petition also stands disposed of.

(MANOJ KUMAR GARG),J 9-Rashi/-

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