[2025:RJ-JP:48873]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3175/2025 Kuldeep Dhakar S/o Shri Giriraj Dhakar, R/o Dhakron Ka Mohalla, Isharpura, Police Station Mangrol, Baran, District Baran

325215.

----Petitioner Versus State of Rajasthan, through P.P.

----Respondent For Petitioner(s) : Mr.Manoj Kumar Avasthi For Respondent(s) : Mr.Amit Punia, PP Ms.Arti Sharma, PP JUSTICE ANOOP KUMAR DHAND

Order

02/12/2025

1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned order dated 29.03.2025 passed by the Judicial Magistrate, Itawa, District Kota in Criminal Case No.12/2018 by which the application submitted by the petitioner under Section 70(2) of Cr.P.C. seeking conversion of arrest warrants into bailable warrants has been rejected.

2. Learned counsel for the petitioner submits that a charge- sheet was submitted against the petitioner for the offence under Sections 420 & 406 of IPC before the trial Court and the petitioner was not aware about filing of the aforesaid charge-sheet. Counsel submits that the petitioner is a Teacher posted in a private school and he is residing at the same place/ address as mentioned in the charge-sheet. However, he was never served with any kind of notice for pendency of the aforesaid criminal case against him.

Hence, under these circumstances, he could not appear before the trial Court to face the trial. Counsel submits that the petitioner is ready and willing to face the trial, therefore, his prayer for conversion of arrest warrants into the bailable warrants be considered hence, interference of this Court is warranted.

3. Per contra, learned Public Prosecutor opposed the prayer and submitted that despite several efforts of the Investigating Agency, when the petitioner could not be found, hence, a warrant under Section 37 of the Police Act was issued and the same could not be served upon him as the petitioner was absconding. Therefore, under these circumstances, charge-sheet under Section 299 Cr.P.C. was submitted against him on 18.01.2018 under Sections 420 & 406 of IPC and thereafter, his arrest warrants were issued. But, the petitioner is absconding since more than a decade, hence, under these circumstances, he does not deserve any indulgence of this Court and the instant petition is liable to be rejected.

4. Heard and considered the submissions made at the Bar and perused the material available on record.

5. Perusal of the record as well as the order dated 29.03.2025 indicates that a criminal case was registered against the petitioner at Police Station Itawa on 15.01.2015. When the petitioner could not be found by the Police, his arrest warrants were issued under Section 37 of the Police Act. But, the petitioner was absconding, hence, charge-sheet was submitted against him under Section 299 Cr.P.C. before the trial Court on 18.01.2018 and thereafter, arrest warrants were issued against him. This Court is not satisfied with the explanation given by the petitioner that he was not aware about registration of the aforesaid criminal case against him. But, looking to the fact that the petitioner is willing to participate in the proceedings before the trial Court and he is ready to appear before the trial Court as and when required.

6. This Court deems it just and proper to dispose of the instant petition with the following terms and conditions:-

“(I) The petitioner would deposit a sum of Rs.15,000/- with the trial Court, which would deposit in the Litigants Welfare Fund within a period of fifteen days from today and the same amount would be utilized for the welfare of poor and needy litigants.

(II) The petitioner would implant 25 shady plants in the public vicinity in public area within a period of fifteen days from today.

(III) The petitioner would submit a proof in this regard along-with photographs before the trial Court and undertaking that he would not commit the same mistake in future and appear before the tria