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2019 DAILYLAW 3210 (RAJ)

HEERALAL S/O GAURISHANKER v. STATE OF RAJASTHAN

CRLMP/3153/2019 · 2026-05-08

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.3153/2019 Heeralal S/o Gaurishanker, Aged About 49 Years, R/o Jamool Kheda, Police Station Kotwali, District Sawaimadhopur. ----Petitioner Versus 1. The State Of Rajasthan 2. Suresh Chand Meena S/o Late Ramratan Meena, R/o Jamool Kheda, Police Station Kotwali, Sawaimadhopur. ----Respondents For Petitioner(s) : Mr. Rajeev Kumar Sogarwal Mr. Hitesh Haritwal For Respondent(s) : Mr. Gaurav Gupta, Asst. GA Mr. Govind Prasad Rawat Mr. Chandra Hussain, S.I. Police Station Kotwali, Sawai Madhopur, present in person JUSTICE ANOOP KUMAR DHAND Order 08/05/2026 1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned order dated 01.08.2018 passed by the Chief Judicial Magistrate, Sawai Madhopur by which arrest warrant has been issued against the petitioner by treating him as absconder. 2. Aggrieved by the aforesaid, a revision petition was submitted by the petitioner before the Court of the Additional Sessions Judge (Special Court), Sawai Madhopur, but the same was rejected vide order dated 23.04.2019. Hence, under these circumstances, the petitioner has approached this Court. (2 of 2) [CRLMP-3153/2019] 3. The Investigating Officer, present in person, submits that earlier arrest warrants of the petitioner were taken under Section 37 of the Rajasthan Police Act, 2007, but at later stage, when the investigation was conducted, the involvement of the petitioner was not found to be proved. Hence, under these circumstances, approval was taken from the concerned Superintendent of Police to close the proceedings initiated against the petitioner, which were lying pending against him under Section 173(8) Cr.P.C. Thereafter, an application was submitted before the concerned court for withdrawal of the arrest warrants issued against the petitioner on 10.02.2012. He further submits that investigation conducted against the petitioner so far does not find him as an accused in the instant case. 4. Considering the above facts and circumstances of the case, the instant misc. petition stands dismissed as having become infructuous. 5. In case, any warrants of arrest are still lying pending before any of the authorities, the same shall not be executed. However, the complainant-respondent would be at liberty to avail the remedies available to him under the law. 6. The factual report so furnished by the SHO, Police Station Kotwali, Sawai Madhopur is ordered to be taken on record. (ANOOP KUMAR DHAND),J Karan/2