Disposed

Subhash v. State of Rajasthan

Rajasthan HC16 Feb 2024CRLMP/1063/2024

Case brief

AI extract

What is this about?

Petition under Section 482 CrPC sought conversion of an arrest warrant into a bailable warrant issued after the petitioner failed to appear following cognizance under Section 319 CrPC. Finding service of summons was not proper, the Court converted the arrest warrant into a bailable warrant of Rs. 20,000 and disposed of the petition.

What did the court decide?

Arrest warrant converted into bailable warrant of Rs. 20,000/-; petitioner to appear before trial court on or before 04.03.2024.

Subhash Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2024)

¶1

[2024:RJ-JD:8349]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Criminal Misc(Pet.) No. 1063/2024

¶4

Subhash S/o Shri Het Ram, Aged About 32 Years, R/o Baruwala, Teh Raisinghnagar, Dist Sriganganagar, Raj.

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through Pp

¶8

Rohitash Kumar S/o Shri Loonaram, R/o Ward No. 10 Near Nursery 11 Tk Road, Teh Raisinghnagar, Dist Sriganganagar, Raj.

¶9

----Respondents

¶10

For Petitioner(s) : Mr. Navneet Poonia For Respondent(s) : Mr. Gaurav Singh, PP

¶11

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

¶12

Order

¶13

16/02/2024

¶14

The present criminal miscellaneous petition under Section 482 of CrPC has been preferred by the petitioner for conversion of arrest warrant into bailable warrant issued by the Court of Additional Chief Judicial Magistrate, Raisinghnagar, District Sri Ganganagar in Criminal Original Case No. 636/2017 vide order dated 14.03.2023.

¶15

Learned counsel for the petitioner submits that the FIR was lodged by the complainant against the petitioner and other persons. After investigation, the investigating agency has submitted charge-sheet but found no role of the petitioner. The Magistrate took cognizance against other persons named in the FIR. Thereafter, the application under Section 319 of CrPC was filed by the complainant and the learned trial Court while

[2024:RJ-JD:8349]

[CRLMP-1063/2024]

(2 of 3)

accepting the said application took cognizance against the petitioner for the offences under Sections 420, 467, 468, 471, 477 and 120-B of IPC. The petitioner was summoned through bailable warrant, but the same could not be served upon the petitioner and it is on this count alone that the petitioner could not appear before the learned trial Court. Thereafter, an arrest warrant came to be issued against the petitioner vide order dated 14.03.2023. Thus, it is prayed that the arrest warrant issued against the petitioner may be converted into bailable warrant.

¶20

Learned Public Prosecutor opposed the prayer made by the learned counsel for the petitioner. 4. Having regard to the facts and circumstances of the case and in view of the fact that the application preferred by the complainant under Section 319 CrPC, the petitioner was directed to remain present and in view of the fact that the summons could not be served upon the petitioner properly due to which the petitioner could not appear before the learned trial Court, this Court deems it appropriate to convert the arrest warrant into bailable warrant. Therefore, the arrest warrant issued against the petitioner is converted into bailable warrant. The learned trial Court is directed to issue bailable warrant for a sum of Rs. 20,000/- against the petitioner.

¶21

The petitioner is directed to appear before the learned trial Court on or before 04.03.2024.

¶22

With the above directions, the present criminal miscellaneous petition is disposed of.

¶23

[2024:RJ-JD:8349]

¶24

(3 of 3) [CRLMP-1063/2024]

¶25

The stay application also stands disposed of accordingly.

¶26

(MADAN GOPAL VYAS),J

¶27

267-manila/-

Subhash v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Subhash v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dikhani Vs State of Rajasthan

Deepak Soni Vs State of Rajasthan

Rajesh Kumar Vs the State of Rajasthan

Saddam Vs State of Rajasthan

Mohd. Yusuf Vs State of Rajasthan

Chandan Singh Vs State of Rajasthan