1. - The petitioner, Jalish Pradhan @ Jalish Khan, has challenged the order dated 29.10.2012 passed by the Additional District & Sessions Judge No. 2, Deeg, District Bharatpur, whereby he has initiated proceedings against the petitioner under Section 82-83 Cr.P.C. He has also challenged the order dated 7.1.2013 whereby the learned Judge has issued warrant of arrest against the petitioner.

2. Mr. Biri Singh Sinsinwar, the learned senior counsel for the petitioner, has contended that even after recording the statement of the prosecutrix under Sections 161 and 164 Cr.P.C., the police did not file charge-sheet against him. Instead, the police filed a charge-sheet only against the co-accused Nisar. Secondly, during pendency of the trial, the prosecution had filed an application under Section 319 Cr.P.C. for adding the petitioner as accused as evidence had started trickling in against him. Thirdly, although initially the learned Judge had issued a bailable warrant by order dated 23.7.2012, but eventually by order dated 7.1.2013, the petitioner was declared as absconder and a non-bailable warrant was issued against him. Fourthly, according to the order dated 24.9.2012, the learned