Dismissed

Harphool Choudhary Son of Late Shri Ramchandra Burdak, v. State of Rajasthan

Rajasthan HC12 Sept 2024CRLMP/5655/2023

Case brief

AI extract

What is this about?

This criminal misc. petition filed under Section 482 CrPC sought to quash the trial court's order dismissing an application to convert a standing arrest warrant into a bailable warrant. The High Court held the application dismissed correctly.

What did the court decide?

The criminal miscellaneous petition filed by the petitioner is dismissed.

Harphool Choudhary Son of Late Shri Ramchandra Burdak, Vs… — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:38975]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 5655/2023

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Harphool Choudhary Son Of Late Shri Ramchandra Burdak, Resident Of Village Burdakon Ki Post, Sundariyawas, Tehsil Phulera, 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) : None For Respondent(s) : Mr. Jitendra Singh Rathore, Addl. G A

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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12/09/2024

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This criminal misc. petition has been filed under Section 482 CrPC against the order dated 03.06.2023 passed by Special Judge, PCPNDT Act Cases and Special Metropolitan Magistrate, Jaipur Metropolitan-I, Jaipur in criminal case No. 973/2016(95/2012), whereby the trial Court dismissed the application filed by the petitioner 70(2) CrPC for converting the standing arrest warrant issued against petitioner into bailable warrant.

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The counsel for petitioner in his petition mentioned that the petitioner filed an application before the trial Court for converting standing arrest warrant into bailable warrant, but the trial Court vide its order dated 03.06.2023 dismissed the application filed by the petitioner. The counsel for the petitioner also mentioned that the petitioner had no knowledge regarding pendency of the case

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[2024:RJ-JP:38975]

[CRLMP-5655/2023]

against him. So, the standing arrest warrant issued against the petitioner be converted into bailable warrant.

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Perused the record.

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Trial court while rejecting the application filed by the petitioner clearly mentioned that on 11.10.2017 the petitioner was declared absconder and standing warrant of arrest issued against him. Pursuant thereto, on 26.11.2018 the petitioner was arrested and produced before the court whereupon the petitioner filed a bail application, which was allowed and the petitioner released on bail. Thereafter, again on 02.09.2021 the petitioner remained absent, resultantly his bail bonds were forfeited and arrest warrant issued against him. Since, then the petitioner is absconding, as a result of which fresh arrest warrant issued against him and file was consigned to record. So, in my considered opinion, the trial court has rightly dismissed the application filed by the petitioner under Section 70(2) CrPC.

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For the aforesaid reasons, the criminal miscellaneous petition filed by the petitioner, is liable to be dismissed, which stands dismissed accordingly.

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(NARENDRA SINGH DHADDHA),J

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Tahir/77

Harphool Choudhary Son of Late Shri Ramchandra Burdak, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Harphool Choudhary Son of Late Shri Ramchandra Burdak, 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

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Case details

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