MANOHAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 16.12.2013 passed by the Special Judge, N.D.P.S. Cases No. 1, Chittorgarh (hereinafter referred to as the Trial Court') whereby the application filed by the petitioner under sub-section (21 of Section 70 Cr.P.C. has been rejected.

(2.) The petitioner, who is facing trial in the Court of Special Judge, N.D.P.S. Cases No. 1, Chittorgarh, has failed to appear before the Trial Court on 10.12.2013. The learned Counsel for the petitioner in the Lower Court moved an application for dispensing with presence of the petitioner before the Trial Court on 10.12.2013, however, the same was not entertained and the Trial Court has directed to summon the petitioner through arrest warrant and has also directed to initiate proceedings against the petitioner under Section 446 Cr.P.C.

(3.) The petitioner thereafter moved an application before the Trial Court under Section 70(2) Cr.P.C., however, the same is dismissed by the Trial Court vide impugned order dated 16.12.2013. Being aggrieved by this, the petitioner has preferred this criminal misc. petition.