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2025 DAILYLAW 21392 (RAJ)

DHARMENDRA KUMAR S/O SHRI JASWANT SINGH v. THE STATE OF RAJASTHAN

CRLMP/3533/2025 · 2025-07-02

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:24202] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Petition No. 3533/2025 Dharmendra Kumar S/o Shri Jaswant Singh, aged about 61 years, presently residing at Flat No. 502, TNR North City Residences, Near Swagath Grand Hotel, Jeedimetla, P.O. Suchitra Junction, Dist. KV Rangareddy, Telangana. ----Petitioner Versus 1. The State of Rajasthan through Seed Inspector, Ex- Officio Additional Director Agriculture (Extension) Dholpur. 2. M/s Mittal Agrico, G.T. Road, Dholpur, R/o Radhacharan Bansal S/o Shri Ramswaroop Bansal, Tata Bada, Baadi, Dist. Dholpur(Deceased). 3. M/s Godrej Agrovet Ltd., 39-20/195, Village Jaisalya, Road No. 17, V.K.I. Area, Jaipur (Rajasthan), R/o Manish Gupta (Sales Officer) S/o Shri Suresh Chand Gupta, R/o 72, Baazar enclosure, Ganj, Kishangarh Baas, Dist. Alwar, Rajasthan. ----Respondents For Petitioner(s) : Mr. Vinay Kothari with Ms. Kumkum Shah For Respondent(s) : Mr. Manvendra Singh Choudhary, Dy. G.A. HON'BLE MR. JUSTICE ANAND SHARMA Order 02/07/2025 1. The petitioner has invoked the inherent power of this Court under Section 528 B.N.S.S. contending the facts that earlier he was working as an employee of M/s Godrej Agrovet Limited, however, he had resigned from the aforesaid company w.e.f. 31.05.2018. In support of his contention he has placed the [2025:RJ-JP:24202] (2 of 3) [CRLMP-3533/2025] approval of his resignation dated 16.03.2018 along with the instant petition. 2. Learned counsel for the petitioner submits that one complaint under the provisions of the Essential Commodities Act, 1955 (for short, 'the Act of 1955') and the Seeds Control Order, 1983 has been lodged in which the petitioner has also been implicated as an accused. 3. Learned counsel for the petitioner also submits that at no point of time he has received any summons/warrants, if any, as per information of the petitioner, such summons/warrants were issued against the petitioner by showing his official address of the company, which he had already left in the year 2018. As such he has never received any information/knowledge with regard to pendency of any complaint lodged against him under the Act of 1955. 4. Learned counsel for the petitioner further submits that at no point of time any proclamation for declaring him absconder has been issued and directly standing warrants were issued and proceedings under Section 82/83 of Cr.P.C. have been opened against him. 5. Learned counsel for the petitioner also submits that the petitioner is willing to join the trial by putting in appearance before the Court and to co-operate during the trial. However, on account of warrants issued against him, he has been apprehending his arrest and has stated that his bonafides in the matter are quite clear and he has never avoided the process. 6. Learned Public Prosecutor has opposed the petition. [2025:RJ-JP:24202] (3 of 3) [CRLMP-3533/2025] 7. In view of the facts mentioned hereinabove, this Court finds that after resignation from the company w.e.f. 16.03.2018, the petitioner was no longer employee of the company and therefore, in case, any summons/warrants have been issued against him by showing his address which is the address of the company that he has left is not open against him. Therefore, his non-appearance before the Court was bonafide in his nature. 8. In the light of above, the petitioner is directed to appear before the trial Court on or before 22.07.2025. In case, the petitioner appears within the aforesaid period before the trial court the warrants issued against him may not be executed. 9. Accordingly, the petition is disposed of. 10. All pending applications as well as stay application shall also disposed of. (ANAND SHARMA),J DAKSH/90