RAMESH CHAND S/O ISHWAR LAL JAT v. STATE OF RAJASTHAN
CRLMP/793/2025 · 2025-03-03
Ganesh Ram Meena
body2025
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[ 2025 DAILYLAW 6029 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6029 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:9045] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 793/2025
1. Ramesh Chand S/o Ishwar Lal Jat, Resident Of Abhaypura Palawala Jhatan, Bassi, District Jaipur.
2. Lokesh Agarwal S/o Brijmohan Agarwal, Resident Of Ward No. 16, Kasba Chaksu, District Jaipur. ----Petitioners Versus
1. State of Rajasthan, through Public Prosecutor.
2. Suji Devi D/o Late Ramkaran W/o Shri Shambudayal Jat, Aged About 63 Years, Resident Of Badhni Ki Dhani, Ward No. 17, Kasba Chaksu. Presently Residing At Gram Mundiya, Tehsil Niwai, District Tonk Raj. ----Respondents For Petitioner(s) : Mr. Rajendra Singh Tanwar For Respondent(s) : Mr. Amit Punia, PP HON'BLE MR. JUSTICE GANESH RAM MEENA
Order 03/03/2025
1. This criminal misc. petition has been preferred by the accused petitioners assailing the order dated 23.01.2025 passed by the Court of Addl. Sessions Judge No. 11, Jaipur Metropolitan-I, Headquarter Sanganer in Criminal Revision No. 68/2023, whereby the criminal revision filed by the petitioners was dismissed and
order dated 01.05.2023, passed by the Court of Addl. Civil Judge and Metropolitan Magistrate No.19, Chaksu, Jaipur Metropolitan-I in FIR No. 322/2022, registered at Police Station Chaksu, District Jaipur City (South) (for short, ‘the trial Court’) for offences punishable u/S 420, 467, 468, 471 & 120-B IPC, whereby the trial Court took cognizance against the accused petitioners for offences
[2025:RJ-JP:9045] (2 of 3) [CRLMP-793/2025] punishable u/S 420 & 120-B IPC and directed to produce accused petitioners through arrest warrant, was upheld.
2. After arguing at some length, learned counsel for the accused petitioners confined his prayer to the extent that non- bailable warrants issued against the accused petitioners for summoning them may be converted into bailable warrants.
3.
Learned counsel for the accused petitioners also relied upon several orders in support of his submissions. The same are as follows:- (i) Order dated 02.07.2024, passed in S.B.Criminal Misc. Pet. No. 3860/2024 (Iti Mathur Vs. State of Rajasthan & Anr.). (ii) Order dated 23.04.2019, passed in S.B.Criminal Misc. Pet. No. 2381/2019 (Kanhaiyalal & Anr. Vs. State of Rajasthan and Anr.). (iii) The judgment passed by Hon’ble Apex Court in the case of Vikas Vs. State of Rajasthan; (2014) 3 SCC
321.
4. It is well settled law and there are various pronouncements of this Court also that the person who is arrayed as an accused or where the cognizance is taken against an accused in the first instance the learned trial Court is required to summon the said persons by bailable warrants.
5. Taking into consideration the totality of the facts and circumstances of the case and the limited prayer made on behalf of the accused petitioners so also the observations made by the Coordinate Bench of this Court and the Apex Court in the orders referred above, the present criminal misc. petition is disposed of.
6. The non-bailable warrants issued against the accused petitioners in compliance of order dated 01.05.2023 is converted into bailable warrants and the petitioners are directed to appear
[2025:RJ-JP:9045] (3 of 3) [CRLMP-793/2025] before the Court below within a period of 15 days from the date of passing of this order.
7. Pending application/s, if any, also stand/s disposed of.
(GANESH RAM MEENA),J GAURAV SRIVASTAVA /8