HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.6733/2024 Vishal Alias Vipin Soni S/o Purushottam, Aged About 35 Years, R/o Ward No. 8, House No. D-53, Indira Nagar, Jhunjhunu, District Jhunjhunu. ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Tapeshwar Pal Singh Parmar For Respondent(s) : Mr. Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND Order 07/01/2025 1. FIR No.322/2014 was registered against the petitioner with Police Station Ranoli District Sikar for the offences under Sections 406 & 420 IPC. 2. It appears that the petitioner was absconding at the relevant time that is why proceedings under Sections 82 & 83 Cr.P.C. were initiated against him vide order dated 17.07.2015. 3. In the meantime, the petitioner appeared before the trial court i.e. Chief Judicial Magistrate, District Sikar in the aforesaid FIR in Criminal Case No.1942/2015 (1225/2015) and he faced the trial and, thereafter, he was acquitted vide judgment dated 28.04.2023. 4. It appears that the aforesaid factual aspect of the matter i.e. acquittal of the petitioner has not taken into account and still the (2 of 2) [CRLMP-6733/2024] proceedings initiated against the petitioner under Sections 82 & 83 Cr.P.C. are continuing. 5. The purpose of initiating the proceedings under Sections 82 & 83 Cr.P.C. is to procure the presence of an accused to put him for trial in a criminal case. Here in the instant case, the petitioner has already faced the trial and he has been acquitted from all the charges vide judgment dated 28.04.2023. 6. Keeping in view the above factual aspect of the matter, the continuation of the proceedings against the petitioner under Sections 82 & 83 Cr.P.C. tantamounts abuse of the process of law and the same are not tenable in the eye of law and is liable to be quashed and set aside. 7. Accordingly, the criminal misc. petition stands allowed. The proceedings pending against the petitioner under Sections 82 & 83 Cr.P.C. pursuant to FIR No.322/2014 registered with Police Station Ranoli District Sikar for the offences under Sections 420 & 406 IPC pending before the court of Additional Chief Judicial Magistrate, Sikar stands quashed and set aside. 8. Stay application and all applications (pending, if any) stand disposed of. (ANOOP KUMAR DHAND),J Karan/119