The High Court dismissed the pending miscellaneous petition and stay petition against the Magistrate's order, finding that the six-month period under Section 107/151 Cr.P.C. had expired and the petitioner was absent despite previous notices.
Petitioner's miscellaneous petition under Section 482 Cr.P.C. and stay petition are dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 215/2020
Hari Mohan S/o Shri Ramchandra Jain, Aged About 65 Years, By Caste Jain, R/o Gulabpura, Police Station Gulabpura, District Bhilwara.
----Petitioner
Versus
----Respondents
For Petitioner(s) : None present For Respondent(s) : Mr. S.S. Rajpurohit, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
24/11/2022
It is noticed that the instant petition came to be submitted on 10.01.2020 and since thereafter, no efforts have been made by the petitioner to pursue the case. No one was present for the petitioner even on several previous dates. No one has put in appearance on behalf of the petitioner today as well.
This Court feels constrained to go into the niceties of the matter.
By way of this instant miscellaneous petition, challenge has been made to the order dated 08.11.2019 passed by the Executive Magistrate wherein the learned Magistrate passed an order to release the petitioner upon furnishing of a personal bond only. It is appearing that the petitioner has challenged the very
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initiation of preventive measures adopted by the learned Magistrate under Section 107/151 of Cr.P.C. The period of six months has expired. Hence, nothing survives for consideration in this petition.
Accordingly, the miscellaneous petition under Section 482 Cr.P.C. is dismissed. Stay petition also stands dismissed.
(FARJAND ALI),J 3-amit/-
Hari Mohan S/o Shri Ramchandra Jain
State, Through P.p.
Tehsildar Cum Executive Magistrate, Chittorgarh
Pankaj Malu S/o Shri Bhairulal Malu
Farjand Ali
As recorded by the court registry
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