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2021 Supreme(Chh) 148

NARENDRA KUMAR VYAS
Surjeet Kumar Jain S/o Shri Satish Kumar Jain – Appellant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station Sarkanda Bilaspur – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Shri. Vivek Kumar Tripathi, Advocate
For the Respondent:Shri. Rakesh Sahu, Dy. Government Advocate

ORDER :

1. The petitioner has filed the present Cr.M.P. challenging order of the Revisional Court dated 10.05.2021 passed by the Fifth Additional Sessions Judge, Bilaspur in Criminal Revision No. 66/2021 affirming the warrant of arrest dated 03.04.2021 issued in pursuance of order dated 19.03.2021 passed by the learned Judicial Magistrate First Class, Bilaspur in Criminal Case No. 11840/2021.

2. Learned counsel for the petitioner would submit that the witnesses who were to be examined as prosecution witnesses as well as the petitioner could not appear before the trial Court on 19.03.2019 as on 19.03.2021, father of the accused was ill therefore, he himself could not attend the court and due to counsel’s engagement in another case, the counsel also could not appear before the trial Court, therefore, warrant of arrest has been issued against him. As such, he has moved an application through his counsel under Section 70(2) of Cr.P.C. for cancellation of arrest warrant on 31.03.2021, but the same has been rejected by the Judicial Magistrate First Class and ordered for issuance of warrant of arrest on 03.04.2021. The petitioner has preferred Revision Petition before the Revision Court i.e

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