SURJEET KUMAR JAIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed the present Cr.M.P. challenging order of the Revisional Court dtd. 10/5/2021 passed by the Fifth Additional Sessions Judge, Bilaspur in Criminal Revision No. 66/2021 affirming the warrant of arrest dtd. 3/4/2021 issued in pursuance of order dtd. 19/3/2021 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 19/3/2019 as on 19/3/2021, 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 Sec. 70(2) of Cr.P.C. for cancellation of arrest warrant on 31/3/2021, but the same has been rejected by the Judicial Magistrate First Class and ordered for issuance of warrant of arrest on 3/4/2021. The petitioner has preferred Revision Petition before the Revision Court i.e. Fifth Additional Sessions' Judge Bilaspur.

(3.) Learned Revisional Court vide its order dtd. 10/5/2021 has dismissed the revision petition treating the order dtd. 3/4/2021, by which the learned Judicial Magistrate First Class has issued warrant of arrest against the petitioner, as interlocutory order and held that revision is not maintainable.