SANJAY POONIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition under Sec. 528 of BNSS has been filed on behalf of the petitioner challenging the orders dtd. 18/9/2024 and 26/9/2024 passed by learned Addl. Civil Judge and Judicial Magistrate No.2, Alwar in Criminal Misc. Case No.01/320/2024 (CIS No.2536/2024) whereby proceedings under Sec. 350 Cr.P.C. have been initiated against the petitioner.

(2.) The petitioner is presently posted as Traffic Inspector, DCP Traffic Office, Jaipur. The basis for initiating proceedings under Sec. 350 Cr.P.C. against the petitioner is that during trial of a case (State vs. Dinesh, Criminal Case No. 27/185/12), the petitioner was called upon for recording his evidence as a prosecution witness but despite issuing summons for recording his evidence, he did not appear before the court concerned on the dates fixed (24/5/2024, 16/8/2024, 2/9/2024 and 18/9/2024) for this purpose for the so-called reason that he was busy in law and order duty and he was not permitted by his higher officers to attend the court proceedings. However, now evidence of the petitioner has been recorded before the court concerned.

(3.) Vide order dtd. 18/9/2024, learned Addl. Civil Judge and Judicial Magistrate No.2, Alwar issued notice to the petitioner and gave him opportunity to put his defence as to why he should not be punished under Sec. 350 Cr.P.C. after summary trial. After receiving such notice, the petitioner filed reply to the said notice wherein, he stated that he was busy in maintaining law and order situation and since departmental permission was not granted to him by his superiors for appearing in the court proceedings, he could not appear before the learned court concerned and that for this he has not showed any disobedience to the court. After considering the reply filed by the petitioner and other material available on record, the learned trial court was not satisfied with the reasons furnished by the petitioner and therefore, proceeded to initiate proceedings under Sec. 350(2) Cr.P.C. Hence this misc. petition.