SOHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner/accused seeks quashing of order dtd. 12/2/2007 passed by the Learned Chief Judge (Junior Division) and Judicial Magistrate (First Class), Garhi, District Banswara, in Regular Case No. 401/1998, pending under Ss. 457 and 380 of IPC. Learned Trial Court has forfeited his bail bonds, declared him as absconder, arrest warrant was issued against him, initiated proceedings under Ss. 82 and 83 Cr.P.C. against him and under Sec. 446 Cr.P.C. against his surety.

(2.) Heard and perused the case file as well as the order impugned herein.

(3.) Given that the order impugned herein is of year 2007, in response to a query posed by the Court regarding the delay, learned Counsel for the petitioner points out that the petitioner is an immigrant labourer who keeps traveling from one State to another in search of work. Throughout this time, he was not in Rajasthan and was unaware of the pending proceedings against him. She states that he was never served with any summons or warrants in the past, therefore, he could not appear before the Court. In the interregnum, she points out that all the other accused stand acquitted.