DHANROOP CHAND MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A Charge sheet for the offence under Section 323, 325 IPC was filed against some accused persons before the Trial Court. During the trial, the petitioner, working as Medical Jurist at the relevant time, was issued bailable warrants for appearing before the Court as a witness. The bailable warrants were issued for 07. 01. 1989 and then again for 18. 02. 1989. Inspite of serive of bailable warrants, the petitioner could not appear before the Trial Court on the date fixed. Subsequently, the accused were discharged for the offences alleged against them vide order dated 17. 06. 1991. It was only after final disposal of the criminal case by the Trial Court on 17. 06. 1991 the same day a complaint was registered against the petitioner for offence under Section 174 IPC. by the Trial Court. However, the cognizance was taken by the Trial Court on 26. 06. 1991. The objections in regard to taking cognizance against the petitioner for the offence alleged were rejected by the Trial Court vide order dated 03. 12. 1999. Hence the present petition challenging the impugned order of cognizance with the prayer for quashing entire proceedings.

(2.) IT has been submitted by learned counsel for the petitioner that the reasons for not appearing before the Trial Court on the dates fixed have duly been explained by the petitioner. IT was only because the petitioner had been on election duty, an information in regard to the same had already been sent to the Trial Court in time. The petitioner could not appear on the dates fixed as a witness in the Trial. A strong plea of limitation as provided under Section 468 Cr. P. C. has also been taken by the petitioner.