RAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this petition under Sec. 482, Cr.RC., the petitioner prayed for quashing the proceedings pending against him in the court of learned Additional Chief Judicial Magistrate, Bikaner in Criminal Case No. 46 of 1987 for the offence under Sec. 409, IPC.

(2.) Briefly stated that factual matrix of the case, are that first information report was lodged at Police Station, Chhatargarh Dist. Bikaner by the Tehsildar, Revenue Tehsil, Bikaner against the petitioner stating therein that a sum of Rs. 15,000.00 was entrusted to the petitioner for construction of Patwar Bhawan. It was alleged that he mis-appropriated money of the Government and has not got constructed the Patwar Bhawan.

(3.) After usual investigation, the challan was laid against the petitioner on 4.1.86. On 10.12.86, the charges were framed and the matter was posted for prosecution evidence. On 9.10.87, the learned trial court fixed the date for recording evidence of the prosecution witnesses. On this date, the accused-petitioner did not appear before the learned trial court and remained absent and thereafter he remained absconded for considerable long period of about 4 years. His presence was sought by warrant of arrest but despite number of warrants issued against him by the learned trial court, the warrant of arrest could not be executed and as such the accused-petitioner deliberately remained absconded from 9.10.87 till 1.5.91. On this date, he appeared before the learned court.