VIPAS PANDIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal writ petition under Article 226 of the Constitution of India has been filed for setting aside the order dtd. 22/1/2020 passed by learned Additional Metropolitan Magistrate No.11, Jaipur Metropolitan, Jaipur whereby the standing arrest warrant has been issued against the petitioner.

(2.) Learned counsel for the petitioner submitted that after investigation in FIR No.396/2012 registered at Police Station Ashok Nagar, Jaipur (South), the police submitted charge-sheet against co-accused Pradeep Bisla on 20/12/2018 keeping investigation pending against the present petitioner under Sec. 173 (8) CrPC. Drawing attention of this Court towards the compromise entered into between the accused Pradeep Bisla and the complainant, he contended that the learned trial Court vide its order dtd. 10/4/2019, acquitted him from charges under Ss. 420, 406 and 120-B of IPC and Sec. 65 of the Information Technology Act, 2000. Learned counsel contended that the petitioner was never aware of the pendency of investigation against him under Sec. 173(8) CrPC nor of issuance of warrant under Sec. 37 of the Rajasthan Police Act, 2007. He submitted that he is ready to join the investigation and prayed for setting aside the order dtd. 22/1/2020.

(3.) Heard learned counsel for the petitioner and perused the record.