Rajesh Bhai Jat Alias Rajesh Kumar vs State Of Rajasthan (2026:Rj-Jd:13055)
2026 Latest Caselaw 4068 Raj

Citation : 2026 Latest Caselaw 4068 Raj
Judgement Date : 17 March, 2026

[Cites 7, Cited by 0]

Rajasthan High Court - Jodhpur

Rajesh Bhai Jat Alias Rajesh Kumar vs State Of Rajasthan (2026:Rj-Jd:13055) on 17 March, 2026

Author: Farjand Ali

Bench: Farjand Ali

[2026:RJ-JD:13055]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 1479/2026

Rajesh Bhai Jat Alias Rajesh Kumar S/o Karan Singh, Aged About
46 Years, R/o Bhadesara, P.s. Bhiwani Sadar, District Bhiwani,
Haryana At Present Residing At In Front Of Hanuman Park
Vidhyanagar, Bhiwanai P.s. Industrial Area Bhiwani, District
Bhiwani Haryana
                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Petitioner(s)          :     Mr.R.K. Charan
For Respondent(s)          :     Mr. Sri Ram Choudhary, AGA



                HON'BLE MR. JUSTICE FARJAND ALI

Order

17/03/2026

1.By way of the present Misc. Petition, the petitioner has

invoked the inherent jurisdiction of this Court seeking

quashing the proceedings initiated by the order dated

16.12.2025, passed by the learned Judicial Magistrate,

Revdar, District Sirohi, in relation to FIR No. 114/2023, under

Sections 14/57 & 19/57, 54D of the Excise Act. The

petitioner seeks the annulment of the order whereby he was

declared an absconder and a warrant of arrest was issued

against him. The petitioner contends that the coercive

measures undertaken were in clear contravention of the

procedural safeguards enshrined under the law, and

accordingly, prays for the setting aside of such actions with

appropriate directions to secure the ends of justice.

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2.Without delving into superfluous details, the facts pertinent

to the adjudication of the present petition are succinctly

summarized. FIR No.114/2023, lodged at Police Station

Revdar, District Sirohi, concerns the interception of a vehicle

and the subsequent recovery of a specified quantity of Indian

Made Foreign Liquor (IMFL). In the course of the incident,

one Devabhai, the alleged driver of the vehicle in question,

was taken into custody by the police authorities.

3.I have heard the learned counsel for the respective parties

and has examined the material made available on record.

4.According to the prosecution's case, the registered owner of

the truck from which the contraband liquor was allegedly

recovered is one Ramesh Bhai. During the investigation, the

authorities sought to trace various links concerning the

ownership and transfer of the said vehicle, attempting to

establish a chain of transactions involving multiple

intermediaries who were purportedly involved in the sale or

transfer of the vehicle from one individual to another.

5.The material on record further reveals that,

eventually, the charge-sheet was filed against two

individuals, namely, Devabhai and Rameshbhai.

However, the investigation remains pending with

respect to certain other persons, including Mahipal @

Sanjay Jakhad and Bhaveshbhai. Additionally, Karmur

Vishal, the registered owner of the vehicle, and one

Puranmal were also mentioned in the investigation. A

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thorough examination of the case diary and

accompanying documents, however, fails to

substantiate any specific or substantial allegations

regarding the petitioner's direct involvement in the

alleged transportation of illicit liquor.

6.Notably, the prosecution material does not provide

convincing evidence of the petitioner's participation in the

offense or a clear causal link attributable to him. The

connection that is sought to be established appears to be

tenuous and indirect, primarily resting upon transactional

links relating to the vehicle's ownership or transfer, rather

than any direct or substantive act of transporting or

possessing contraband liquor.

7.It is further disclosed in the order-sheet dated 16.12.2025

that the warrant of arrest issued against the petitioner under

Section 37 of the Police Act could not be executed and was

returned unserved. In light of this unexecuted warrant, the

learned Magistrate, instead of issuing a fresh warrant or

adopting alternative procedural measures to secure the

petitioner's presence, deemed it expedient to initiate

proceedings for declaring the petitioner an absconder.

8.Upon careful reflection of the factual backdrop and

procedural course adopted by the learned trial court, this

Court is of the firm view that the decision to initiate

proceedings for declaring the petitioner an absconder was

undertaken with undue haste, and in clear violation of the

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procedural safeguards typically required before resorting to

such drastic measures. A declaration of abscondence

constitutes a severe coercive step, which must be preceded

by earnest and diligent attempts to secure the individual's

presence through legally sanctioned modes. Furthermore,

the material on record, prima facie, indicates that the

petitioner's involvement in the matter is primarily based on a

remote and derivative connection arising from the alleged

ownership or transfer of the vehicle, rather than any direct or

overt participation in the alleged act of transporting

contraband liquor.

9.In view of the above, and in an effort to strike a balance

between safeguarding the interests of the investigation and

ensuring the protection of procedural fairness, this Court

deems it just and proper to dispose of the present

miscellaneous petition with the following directions:

(a) The petitioner shall appear before the learned trial court

on or before 18.04.2026 and shall submit an application for

regular bail in accordance with the applicable provisions of

law.

(b) Upon the appearance of the petitioner before the trial

court, the proceedings initiated against him for declaring him

an absconder under Sections 82 to 85 of the Cr.P.C. shall be

immediately dropped.