JAI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a petition under Sec. 482 Cr.RC. against the order of learned Magistrate who refused exemption to the petitioner on the ground that the petitioner was absenting and proceeding under Sections 82 and 83 Cr.RC. are pending against him.

(2.) I have heard the learned counsel for the petitioner as well as learned Public Prosecutor.

(3.) It is unfortunate that the case is pending for a very long time before the learned Judicial Magistrate, Desuri under section 4/9 of the Opium Act. It is alleged that the surety of the petitioner died in suspicious circumstances for which the petitioner is being chased by the relations of the surety. He belongs to Morwan village District Chittaurgarh and whenever he goes to Desuri to attend the peshi he is being threatened. He lodged a report to this effect at police station, Bhadsoda on 6.12.1997 that he was apprehending danger to his life may be protected. He had earlier moved a petitioner before this Court for transferring the case but did not submit the copy of the First Information Report which he lodged at Bhadsoda police station, therefore, this Court rejected the petitioner's application for transfer of the case and ordered that the petitioner may obtain exemption from the court concerned. When he applied for exemption the same was refused on the ground that he was absconding.