IN THE HIGH COURT OF RAJASTHAN
PUSHPENDRA SINGH BHATI, J.
Ramesh Kumar Mehta - Petitioner
Versus
State of Rajasthan and Other – Respondents
S.B. Criminal Misc. Appl No. 47 of 2023
Decided On : 04-07-2023
| Table of Content |
|---|
| 1. relief sought in criminal application. (Para 1 , 2) |
| 2. petitioner faced judicial custody despite conversion of warrant. (Para 3 , 4 , 5) |
| 3. violation of court orders demands action against judicial officer. (Para 6 , 7 , 8) |
| 4. court observes judicial indiscipline and right to liberty. (Para 9 , 10 , 11) |
| 5. calling for an explanation from the chief judicial magistrate. (Para 12 , 13) |
| 6. next steps for compliance and scheduling. (Para 14 , 15) |
ORDER :
(Pushpendra Singh Bhati, J.)
The instant application has been preferred claiming the following reliefs:-
2. Upon the petition bearing S.B. Criminal Misc. Petition No.7164/2022 having been filed, the same was disposed of by this Court vide order dated 07.11.2022; the said order dated 07.11.2022 reads as follows:-
"It is, therefore, most respectfully prayed that the present misc. petition may kindly be allowed and the FIR No.581/2011 dated 09.12.2011 registered at Police Station Kotwali, District Banswara and in pursuance thereof order dated 21.12.2012 passed by the learned trial court in Criminal Case No.589/2012 may kindly be quashed and set aside.
Furthermore, it is prayed that proceedings in pursuance of the filing of the charge-sheet pending before learned trial court may kindly be quashed and set aside and in alternate, arrest warrant issued by the learned trial court may kindly be converted into bailable warrant.
Any other appropriate order which may be considered in favour of the petitioner may kindly be ordered to be issued."
2. Learned counsel for the parties jointly submit that a compromise has been arrived at between the parties.
3. Learned counsel for the petitioner submits that the petitioner is unable to bring the compromise on record because of the standing arrest warrant. He further makes a limited prayer that the arrest warrant issued against the present petitioner vide order dated 02.04.2016 may be converted into a bailable warrant.
4. In light of the precedent law laid down in Inder Mohan Goswami & Another v. State of Uttaranchal & Others reported in AIR 2008 SC 251 passed by Hon'ble Apex Court., this Court deems it appropriate to grant the relief prayed by counsel for the petitioner and thus, the arrest warrant issued against the petitioner vide order dated 02.04.2016 is substituted by bailable warrant.
5. The petitioner may appear before the learned Court below on the next date fixed by the learned court below and if the petitioner fails to appear on the next date, the order of arrest warrant shall be revived.
6. The present misc. petition is disposed of in the above terms. All pending applications stand disposed of."
3. Learned counsel for the applicant submits that in pursuance of the order passed by this Court, the petitioner appeared before the learned Chief Judicial Magistrate, Banswara with a clear intention that the non-bailable arrest warrant has been converted into bailable warrant and thus, the necessary proceeding shall take place accordingly; but to the utter shock of the petitioner even after the directions of this Court to substitute the standing arrest warrant into bailable warrant, the petitioner was sent to judicial custody. The petitioner has annexed the certified copy of the order dated
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The issuance of warrants and proclamations against an accused must comply with established legal requirements; failure to do so results in quashing those orders.
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