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2019 DAILYLAW 3164 (RAJ)

PRAHLAD S/O LATE SHRI MURLIRAM SAINI v. STATE OF RAJASTHAN

CRLMP/6861/2019 · 2026-03-23

Anoop Kumar Dhand

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Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6861/2019 Prahlad S/o Late Shri Murliram Saini, aged about 53 Years, R/o Sainiyo Ki Dhani, Harsoli, Ps Kherthal, District Alwar, Raj. ----Petitioner Versus 1. State of Rajasthan, through PP. 2. Superintendent of Police, Alwar, District Alwar. 3. Station House Officer, PS Kherthal Alwar, District Alwar. ----Respondents For Petitioner(s) : Mr.Hukam Chand Saini For Respondent(s) : Mr.N.S. Dhakar, PP JUSTICE ANOOP KUMAR DHAND Order 23/03/2026 1. The instant criminal misc. petition has been preferred by the petitioner with the following prayer:- “It is, therefore, prayed that Your Lordships may graciously be pleased to accept and allow this Misc. Petition and the I.O. of the case may be directed to submit progress report before the court and to arrest the accused person named in the FIR No.193/2016 Police Station Kherthal, Distt. Alwar. Any other order or direction, which this Hon’ble Court may deem fit and proper, be also passed in favour of the humble petitioner.” 2. By way of filing the instant petition, a prayer has been sought for issuing directions to the Investigating Officer to submit the progress report before the Court and arrest accused persons in connection with F.I.R. No.193/2016 registered at the Police Station Khairthal, District Alwar. (2 of 2) [CRLMP-6861/2019] 3. Perusal of the order-sheet dated 12.07.2018 passed by the Judicial Magistrate, Kishangarh Bas, Alwar reveals that charge- sheet has already been submitted against the accused Mukesh under Section 302 IPC read with Section 4/25 of the Arms Act. Since the accused is absconding, hence, charge-sheet has been submitted in his absence under Section 299 Cr.P.C. Considering the above, standing arrest warrant has already been issued against the accused, apart from initiating proceedings under Section 82/83 Cr.P.C. against him. 4. In the considered opinion of this Court, the role of the Police/ Investigating Agency comes to an end, once the charge-sheet is submitted against any accused under Section 299 Cr.P.C. and standing arrest warrant has been issued against him. Now, the matter lies with the Court to get the standing warrants executed against the absconding accused and by way of initiation of proceedings under Section 82/83 Cr.P.C. 5. This Court deems it just and proper to dispose of the instant petition with the expectation from the concerned Judicial Magistrate to make all possible endeavours to get the standing arrest warrants executed by way of proceeding against the accused under Sections 82/83 Cr.P.C. for procuring his appearance for the Court. 6. With the aforesaid observation, the instant criminal misc. petition stands disposed of. All pending application, if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /18