[2025:RJ-JP:20557] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2862/2025 Khemraj Son Of Ghasiram, Resident Of Anadwadi, Police Station, Rajgarh, District Alwar (Raj). ----Petitioner Versus State Of Rajasthan, Through P.P ----Respondent For Petitioner(s) : Mr. Umesh Kumar Sharma For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 15/05/2025 Instant petition has been filed under Section 528 of BNSS challenging the order dated 04.04.2025, passed by learned Additional Session Judge, District Rajgarh (Alwar) in criminal misc. case No. 28/2025 whereby the application of the petitioner for converting the arrest warrant into bailable warrant was dismissed. It is contended by learned counsel for the petitioner that petitioner is a government servant and has been arrayed as an accused by the concerned Court in exercise of powers contained under Section 193 of the Cr.P.C. Though the summons were served upon the petitioner through mobile-phone, but due to unavoidable circumstances, the petitioner could not appear before the concerned Court. Thereafter, the court issued arrest warrant against the petitioner directly, therefore, the order passed by learned Additional Session Judge, District Rajgarh (Alwar) dated 04.04.2025, may be quashed and set aside and the arrest warrant issued against the petitioner be converted into bailable warrant. [2025:RJ-JP:20557] (2 of 2) [CRLMP-2862/2025] Learned Public Prosecutor justified the order passed by learned trial court and contended that cognizance against the petitioner was taken vide order dated 20.07.2022 and the petitioner was summoned. Despite receiving the summons the petitioner did not appear before the concerned trial Court on 06.06.2023. Thereafter, the petitioner was called through bailable warrant and the bailable warrant remained unserved. The conduct of the petitioner clearly signifies that he deliberately ignored the summons. The trial Court after considering the provisions of Section 87 of Cr.P.C. issued arrest warrant against the petitioner. Therefore, considering the above facts the instant petition filed by the petitioner may be dismissed. Heard and perused the material available on the record. After perusing the order passed by learned trial court, it is apparent that the petitioner was well informed and summon was duly served upon him, through whatsapp but the petitioner did not appear before the concerned Court. The conduct of the petitioner is unworthy of being granted any relief. Therefore, the instant criminal misc. petition is hereby dismissed. All pending applications, if any, also stand disposed of. The Petitioner is free to surrender before the concerned court. (PRAVEER BHATNAGAR),J ashu /63