[2025:RJ-JP:10552] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1386/2023 Kamlendra Singh Kudki Son Of Shri Mahendra Singh, Aged About 51 Years, Resident Of Plot No. 897, Kudki House, Gautam Marg, Rani Sati Nagar, Police Station, Shyam Nagar, Jaipur. ----Petitioner/Accused Versus State Of Rajasthan, Through The Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Ashvin Garg For Respondent(s) : Mr. V.S. Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 07/03/2025 This criminal misc. petition has been filed by the petitioner with a challenge to the order dated 23.12.2019 (Annex.2) passed by the Court of learned Additional Chief Metropolitan Magistrate No.15, Jaipur Metropolitan, Jaipur (now the Court of Additional Chief Metropolitan Magistrate No.6, Jaipur Metropolitan-II) in Criminal Case No. 1253/2022 State Vs.Kamlendra Singh Kudki, whereby standing warrants have been issued against him. He has also challenged the order dated 04.02.2023 (Annex.1) passed by the Court of learned Additional Sessions Judge No.9, Jaipur Metropolitan-II in Criminal revision No. 80/2022 which was filed by the petitioner with a challenge to the order dated 23.12.2019 and same was also dismissed. Counsel for the petitioner submits that during the investigation of the criminal case being FIR No. 564/2015, [2025:RJ-JP:10552] (2 of 4) [CRLMP-1386/2023] registered at Police Station Shyam Nagar, Jaipur for the offences under Sections 420, 467, 468 and 471 of IPC, the petitioner had joined the investigation as is evident from the charge-sheet. He further submits that initially after conclusion of the investigation, the police has proposed final negative report treating the matter of civil nature. However, on the application of the complainant, further investigation has been conducted and police has submitted charge-sheet against the petitioner. Counsel for the petitioner further submits that the accused petitioner never absconded himself. Counsel submits that as per the report of the process server, the accused petitioner could not be traced out because of some business work, which resulted in issuing standing warrants against the petitioner. Counsel for the petitioner after arguing at some length made a very limited prayer with a direction that the petitioner is ready to appear before the court concerned and it may be ordered that the petitioner may be released on bail on submitting bail bonds and sureties. Learned Public Prosecutor on the other hand submits that the police after completion of the investigation has submitted the charge-sheet against the petitioner under Section 299 Cr.P.C. and therefore, there is no illegality in issuing the standing warrants against the petitioner. Considered the submissions made by the counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record. [2025:RJ-JP:10552] (3 of 4) [CRLMP-1386/2023] This Court finds that initially a criminal case was registered at Police Station Shyam Nagar, Jaipur for the offences punishable under Sections 420, 467, 468 and 471 of IPC. The contends of the charge-sheet also disclose the fact that during the pendency of investigation of the accused petitioner, the petitioner appeared before the Investigating Officer for the purpose of settlement between the parties. Initially, the Investigating Officer has proposed the final negative report finding that the matter is of civil nature, however, further investigation is conducted in the matter and finally charge-sheet was submitted against the present petitioner under Section 299 Cr.P.C. for the offences punishable under Sections 420, 467, 468 and 471 of IPC. The aforesaid facts clearly speak that the petitioner was not absconding and he also appeared before the Investigation Officer and also because of some business work, he went outside and due to this reason he could not be traced out and for that reasons the standing arrest warrants has been issued against the petitioner. Taking into consideration, the totality of the facts and circumstances of the case as stated above, this Court in the interest of justice, deems just and proper to allow the petitioner to appear before the court concerned and the standing warrants issued against the petitioner vide order dated 23.12.2019 passed by the Court of learned Additional Chief Metropolitan Magistrate No.15, Jaipur Metropolitan, Jaipur (Annex.2) and the order dated 04.02.2023 (Anned.1) passed by the Court of learned Additional Sessions Judge No.9, Jaipur Metropolitan-II in criminal revision No. 80/2022 are quashed and set aside. [2025:RJ-JP:10552] (4 of 4) [CRLMP-1386/2023] Petitioner is directed to appear before the trial Court within a period of fifteen days from today and in case, the petitioner appears before the trial Court within the aforesaid given time, the trial Court shall release the petitioner on submitting the sureties and bail bonds to his satisfaction. In case, the petitioner fails to appear before the trial court within the given time of 15 days from today, this order shall seizes its effect. (GANESH RAM MEENA),J pcg/174