Allowed
Om Prakash Sharma v. State of Rajasthan through P P.
Rajasthan HCCRLMP/1995/2012
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Misc. Petition No.1995/2012 (Om Prakash…
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Misc. Petition No.1995/2012 (Om Prakash…
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S.B. Criminal Misc. Petition No.1995/2012 (Om Prakash Sharma Vs. State of Rajasthan)
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
S.B. Criminal Misc. Petition No.1995/2012
(Om Prakash Sharma Vs. State of Rajasthan)
Date of Order : 11th January, 2013
HON'BLE MR. JUSTICE M.N. BHANDARI
Mr. Lokesh Sharma with Mr.Laxmikant Sharma, for the petitioner. Mr. Laxman Meena, Public Prosecutor for the State. Mr. S.R.Surana, Sr. Adv. with Mr.R.Surana, for the complainant/s.
By the Court:
The matter has come up on two applications. One is
for impleadment of applicant as party respondent Nos.2 and 3, which is allowed for the reasons assigned therein and as not opposed by learned counsel for the petitioner.
The another application for taking documents on record is also allowed for the reasons mentioned therein. The
document enclosed along with the application are ordered to be taken on record.
With the consent of learned counsel for the parties,
the criminal miscellaneous petition is heard finally.
Learned counsel for the petitioner submits that vide order 29.10.2010, warrant was issued for the accused. On
S.B. Criminal Misc. Petition No.1995/2012
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(Om Prakash Sharma Vs. State of Rajasthan)
08.02.2011, the accused Subhash Chand Sharma was declared absconder, accordingly standing warrant was issued apart from initiation of proceeding under Section 82 and 83 of Cr.P.C. Even after issuance of order dated 08.02.2011, the Investigating Agency is not taking action, thus this criminal miscellaneous petition has been filed to seek compliance of order passed by the Court in reference to FIR No. 62/2010, moreso when, earlier bail application moved by the accused – Subhash Chand Sharma was dismissed by the Court vide order 26.02.2010 and therein also, the Investigating Officer was called on five different occasions, thus looking to the facts in totality, prayer made in this petition may be granted.
Learned Public Prosecutor and learned counsel for the accused, on the other hand submit that FIR was lodged by him also in regard to plot bearing old No.37 and new number 47. The accused was throughout available and cooperating with the police, thus question of declaring him to be absconder does not arrive. The order was passed by the Court below in ignorance of the fact that case was transferred from one Court to another without notice to the accused, thus order aforesaid has been challenged by
S.B. Criminal Misc. Petition No.1995/2012 (Om Prakash Sharma Vs. State of Rajasthan)
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maintaining a revision petition, which is yet pending before the Revisional Court. Since the order sought to be complied with is under challenge, no direction of the nature prayed for may be given specially when no case is made out if the case is heard on merit after considering the documents produced and taken on record.
I have considered the submissions made by learned
counsel for the parties and perused the record.
This criminal miscellaneous petition has been filed
with the prayer for consequential action pursuant to the order dated 08.02.2011 where accused has been declared absconder. The order aforesaid was passed on 08.02.2011, thus was required to be acted upon by the Investigating Agency. In view of above, the petition could have been disposed of with the grant of direction as prayed herein. The fact, however, remains that a revision petition has been filed by the accused against the said order, which is pending consideration before the Revisional Court, though no interim order exists. Taking note of the aforesaid fact, while allowing the petition, with the grant of prayer made herein,
S.B. Criminal Misc. Petition No.1995/2012 (Om Prakash Sharma Vs. State of Rajasthan)
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thereby police should execute standing warrant of arrest, however, the order aforesaid will not affect pendency of the revision petition to be heard and decided on its merit. Looking to the facts of this case, the Revisional Court is expected to decide the revision petition at the earliest. In case the order dated 08.02.2011 is set aside or recalled, the direction given in this petition will have the consequence on the said order. It is made clear that any argument/s raised or considered by this Court will have no bearing on the revision petition, rather it would be decided on its merit.
With the aforesaid, the criminal miscellaneous
petition is allowed.
(M.N. BHANDARI), J.
S/No.31 Preety, Jr.P.A.
All cor r ect ion s m ad e in t h e j u d gm en t / or d er h ave been in cor por at ed in t h e j u dgm en t / or der bein g em ailed.
Pr eet y Asop a Jr .P.A.
Om Prakash Sharma
State of Rajasthan
M.N. Bhandari
As recorded by the court registry
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