GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition u/s. 482, Cr. P.C. filed against the order dated 18.11.1992 passed by Special Judge, Dacoity Affected Area, Bharatpur in Criminal Case No. 50/91 (State v. Gopal & Ors.) wherein, the warrant of arrest has been issued for securing the presence of the petitioner. The impugned -order dated 18.11.1992 shows that the present -petitioner had entered into the witness box and after the oath was administered he ran away from the Court, in these circumstances the Court had issued the warrant of arrest to secure the presence of the petitioner on the next date as fixed that is 6.1.1993. The petitioner is only a witness in the criminal case. Mr. Naqvi has invited my' attention to the affidavit dated 25.11.1992 filed by Gulab Singh, Advocate who has stated that he is a counsel in the case at hand and it has been stated that Gopal was present in the Court today at 4.40 P.M., this mention in the affidavit hardly explains the allegation against Gopal as to why did he ran away from the Court after the oath had been administered on him. However, keeping in view the fact that Gopal is only witness in this case and is not an accused and whereas Mr. Naqvi submits that he under takes that Gopal shall be present before the Court on the next date that is 6.1.1993, I find that no useful purpose will be served if the presence of the present -petitioner is sought to be secured through the warrant of arrest. In these circumstances, it is directed that 'the warrants of arrest shall not be issued against the present -petitioner and if the same have already been issued it will not be acted upon and given effect to. In case, the petitioner does not appear before the Court on 6.1.1993, all legal consequences shall follow and the trial Court shall be free to proceed in accordance with law against the present accused -petitioner for the purpose of securing his presence to this extent the order was passed by the trial Court dated 18.11.1992 is hereby modified. This petition stands disposed of accordingly. Petition disposed of accordingly.