PHOOL CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD Shree N. A. Naqvi and Shri R. S. Agrawal, Addl. P. P.

(2.) SHRI Naqvi has submited that the petitioner is facing trial for the offence under Sec. 323, IPC which is a bailable offence, yet the Court of Special Judge, (Dacoity Affected Area) Bharatpur has passed an order issuing warrant of arrest and also initiated proceedings under Sec. 446, Cr. P. C. SHRI Naqvi has submitted that there was no question of issuing warrant of arrest in this case as the offence itself is bailable. So far as the order for initiation of the proceedings under Sec. 446, Cr. P. C. is concerned, the impugned order is sustained and the petitioner will face the proceedings under Sec. 446, Cr. P. C. in accordance with law. So far as the other part of the order with regard to issuance of warrant of arrest against the petitioner is concerned, the same is held to be illegal. It is quashed and set aside. 2. The petitioner undertakes to be present before the Court on the next date of hearing i. e. 6/1/1993. Yet by way caution for that purpose, it will be open for the trial Court to issue bailable warrant. In the meanwhile, the warrant of arrest shall not be issued and if the same har already been issued, the same shall not be acted upon and given effect to. In case, the petitioner does not appear on 6/1/1993 despite the undertaking given before this Court, all legal consequences shall follow.