SULTAN KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the P.P.

(2.) This is an application under section 482, Criminal Procedure Code against the order dated 18-7-83h issued by the learned A.C.M. Chomu. It is prayed that the order of the learned A.C.M. be quashed.

(3.) The petitioner in having prosecuted in the Court of A.C.M, Chonu under section 110 Criminal Procedure Code. The case was fixed for 18-7-1983 for recording evidence on behalf of the prosecution. On that date, the petitioner could not appear, but his counsel was present in the Court. The Counsel submitted an application seeking exception from personal attendance for that day, and the ground was that there was a marriage of the petitioners uncleTs son. In the application, he has also mentioned that he was prepared to cross-examine the witnesses on behalf of the petitioner. The learned A.P.P. objected to the application and said that he will examine the witnesses only in the presence of the petitioner. Agreeing with the learned A.P.P. the learned A.C.M. rejected the application of the learned counsel for the petitioner and ordered to issue non- bailable warrant for 5.8.83 and also ordered to forfeit the bail bonds of the petitioner. This order has been challenged in this Misc. Petition.