AMRA RAM Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 7.3.2014 passed by the Sub - Divisional Magistrate. Bilara in pending proceedings against the petitioner under Section 122 Cr.P.C.

(2.) Vide order dated 7.3.2014, the Sub-Divisional Magistrate, Bilara has ordered for summoning the petitioner through arrest warrant as he failed to appear before it on the date fixed. Learned counsel for the petitioner has submitted that the proceedings under Section 122 Cr.P.C. are pending against the petitioner since 31.12.2012 and in the said proceedings on each and every date, the petitioner remained present either personally or through his Advocate and only on one occasion, he failed to appear before the court below. It is submitted that the petitioner is ready to appear before the court below on 19th January, 2015 and it is prayed that the order of issuance of arrest warrant may kindly be quashed.

(3.) Learned Public Prosecutor as well as the learned counsel for the complainant have opposed the prayer of the petitioner and has argued that the Sub-Divisional Magistrate, Bilara has not committed any illegality in passing the order dated 7.3.2014.