Allowed

Birdhichand Choudhary v. State of Rajasthan through P P

Rajasthan HC8 Feb 2018CRLMP/2241/2017

Case brief

AI extract

What is this about?

High Court allowed a criminal miscellaneous petition to quash impugned orders rejecting an application under Section 70(2) Cr.P.C. Petitioner, an elderly accused, sought to access his session trial due to family bereavements and unawareness of additional charge-sheet, fearing deprivation of personal liberty if arrested.

What did the court decide?

Misc. petition allowed; application under Section 70(2) Cr.P.C. allowed; accused to appear before trial court by 21.02.2018.

Birdhichand Choudhary Vs State of… — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misccellaneous (Petition) No. 2241 / 2017

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Birdhichand Choudhary S/o Late Shri Jeevan Ram Choudhary, Aged About 68 Years, R/o Plot No. B-19, Sen Colony, Power House Road, Railway Station, Jaipur.

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----Petitioner

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Versus

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State of Rajasthan Through P.P.

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----Respondent

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_____________________________________________________ For Petitioner(s) : Mr. Ashok Mishra. For Respondent(s) : Ms. Meenakshi Pareek, PP

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HON'BLE MR. JUSTICE DEEPAK MAHESHWARI

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Order

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08/02/2018

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Heard learned counsel for the petitioner.

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This misc. petition has been preferred by the accusedpetitioner to quash and set-aside the orders dated 16.04.2015 and 25.03.2017 passed by the learned trial court as also by the learned revisional court, whereby the application filed under Section 70(2) Cr.P.C. on behalf of accused-petitioner was rejected.

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Learned counsel for the petitioner submits that the accusedpetitioner could not record his presence before the trial court because of some family problems. His elder son Mahendra Singh Choudhary died in the year 2005 and his another son Yajuvendra @ Jugal also died after a prolong ailment on 08.01.2015. It has further been stated that initially charge-sheet was not filed against the accused-petitioner but additional charge-sheet was filed against him, about which he could not come to know. It has

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(2 of 2)

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[CRLMP-2241/2017]

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further been stated that accused is around 70 years of age and earlier he was granted anticipatory bail and bail-bond in compliance of the order on anticipatory bail application was submitted by the accused on 20.05.2009.

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In light of above facts and circumstances, counsel for the petitioner submits that the application filed under Section 70(2) Cr.P.C. ought to have been allowed by the courts below. He submits that he will be deprived of the valuable right of personal liberty if ignoring the facts and circumstances mentioned above, the accused-petitioner is arrested in compliance of the arrest warrant.

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On perusal of the orders dated 16.04.2015 & 25.03.2017, it comes out that these facts and circumstances about the hardship being faced by the accused-petitioner were brought to the notice of the courts below, so it can safely be inferred that this is not an afterthought or a concocted story. In view of the facts narrated by learned counsel for the petitioner, it appears justifiable to allow the petition and to quash and set-side the orders dated 16.04.2015 & 25.03.2017.

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Accordingly, the misc. petition is allowed and the application filed under Section 70(2) Cr.P.C. filed on behalf of the accusedpetitioner is also allowed. He will furnish the bail-bonds as ordered by the learned trial court on his appearance.

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The accused-petitioner shall appear before the trial court on or before 21.02.2018.

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(DEEPAK MAHESHWARI)J.

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Rm/38

Birdhichand Choudhary v. State of Rajasthan through P P

Case brief

What is this about?

What did the court decide?

Birdhichand Choudhary v. State of Rajasthan through P P

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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