GURDEEP SINGH Vs. STATE OF RAJASHTAN

JUDGEMENT

(1.) By way of filing this petition, a challenge has been lead to the impugned order dtd. 15/7/2024 passed by Additional Chief Judicial Magistrate No.2, Jaipur Metropolitan I by which an order has been passed for attachment of the properties of the petitioner under Ss. 82 & 83 of Code of Criminal Procedure, 1973 (Cr.P.C.).

(2.) Learned counsel for the petitioner submits that an FIR bearing No.191/2000 was registered with Police Station Jalupura, Jaipur City for the offence under Sec. 406 IPC wherein chargesheet under Sec. 299 Cr.P.C. was submitted. Learned counsel submits that without execution any summon/warrant upon the petitioner, straightaway the proceedings under Ss. 82 & 83 Cr.P.C. were initiated against him vide order dtd. 27/7/2011. Learned counsel submits that neither the summons were issued nor any proclamation was issued for a period of 9 years, even then the trial court came to a conclusion that inspite of service of notice, the petitioner has failed to appear before the trial court, hence under these circumstances, the impugned proceedings have been initiated. Learned counsel submits that perusal of the report of the Process Server on the notice issued by the trial court clearly indicates that the petitioner is not residing at the place where the notices were sent, hence there was no reason or occasion available with the trial court to record such finding with regard to the above satisfaction. Learned counsel submits that the moment, the petitioner came to know about the impugned proceedings, an application was submitted for recalling the order and warrants issued against him and for dropping the proceedings initiated against him under Ss. 82 & 83 Cr.P.C. Learned counsel submits that instead of deciding the said application on its merits, the said application was annexed with the file of the proceedings under Ss. 82 & 83 Cr.P.C. and passed the impugned order for attachment of the properties of the petitioner.

(3.) Learned counsel submits that once the petitioner has appeared before the trial court and he is ready to face the trial, the purpose of securing his presence stands satisfied, so under these circumstances, proceedings initiated against him under Ss. 82 & 83 Cr.P.C. are liable to be recalled and quashed.