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2025 DAILYLAW 42800 (RAJ)

JAHURUDDIN S/O SHRI KALLU KHAN v. MUSTKEEM QURESHI S/O MOHAMMED HUSSAIN

CRLMP/7213/2025 · 2025-12-16

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:50854] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7213/2025 Jahuruddin S/o Shri Kallu Khan, R/o 135, Kallu Hotel, Ramganj Bazar, Jaipur. ----Accused-Petitioner Versus Mustkeem Qureshi S/o Mohammed Hussain, R/o House O. 597, Namak Ki Mandi, Kishanpole Bazar, Jaipur Other Address Shop No. 12, Meet Market, Ajmeri Gate, Jaipur. ----Complainant-Respondent For Petitioner(s) : Mr. Shamsuddin Ansari, Adv. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 16/12/2025 The instant criminal misc. petition under Section 528 of BNSS, 2023 has been filed assailing the order dated 30.10.2025 passed by learned Special Judicial Magistrate (N.I. Act Cases) No.3, Jaipur Metropolitan-II in Criminal Misc. Case No.1182/2025 whereby, an application filed by the petitioner under Section 70(2) of Cr.P.C. for converting warrant of arrest into bailable warrant was dismissed. Learned counsel for the petitioner submits that on account of unavoidable circumstances, petitioner could not mark his presence before the learned trial Court and therefore, vide order dated 14.07.2025 warrant of arrest was issued by the trial Court against the petitioner to ensure his presence. Counsel submits that the petitioner is seriously ill due to liver disease and he is ready to face the trial. Counsel further submits that he has already paid [2025:RJ-JP:50854] (2 of 2) [CRLMP-7213/2025] Rs.1,91,000/- to the complainant and he is ready to make the remaining payment in installments. Considering the facts and circumstances of the case, this Court deems it just and proper to direct the petitioner to appear before the learned trial Court on or before 24.12.2025 and submit his bail bonds subject to deposition of cost of Rs.21,000/- payable to the complainant. It is made clear that if petitioner fails to appear before the learned trial Court on or before 24.12.2025 and does not pay the cost of Rs.21,000/- to the complainant, this order will lose its currency. With the aforesaid directions, this Criminal Misc. Petition is disposed of. Stay application and all pending application(s), if any, also stand disposed of. (ANIL KUMAR UPMAN),J MADAN/118