STATE OF RAJASTHAN Vs. LALSINGH

JUDGEMENT

(1.) It is a case where there appears to be glaring abuse of the process of the Court by the Executive Magistrate, but still the State has filed this application under S.482, Cr.P.C.

(2.) Proceedings in Case No. 43/78 under S.3 of the Rajasthan Control of Goondas Act, 1975 (for short "the Act") are said to be pending against the non-petitioner Lalsingh before the Additional District Magistrate, Jodhpur, in Case No. 43/78. During the course of proceedings it is said that the non-petitioner jumped bail and therefore warrant of arrest was issued to secure his presence and he was arrested and was produced before the Additional District Magistrate, Jodhpur. The Magistrate ordered that the non-petitioner on furnishing a personal bond in the sum of Rs. 30,000/- and a surety in the like amount, shall be released on bail. The personal and the surety bonds were submitted and an affidavit of the surety in respect of his fitness and status was also filed. The learned Magistrate ordered that the status of the surety be verified by the Tehsildar. The Patwari Bhanwarsingh is said to have verified the status of the surety to the extent of Rs. 30,000/-. The papers were placed before the Tehsildar on July 12, 1985, but the Tehsildar was not in the Court. The Tehsildar only verified the status of the surety up to Rs. 5000/-. Because it was given out on behalf of the petitioner that the Tehsildar has not gone to the spot on July 18, 1985, the learned Additional District Magistrate ordered the Tehsildar that he should himself go to the spot and verify the status of the surety.

(3.) A revision was filed against the aforesaid order of the Executive Magistrate and the learned Additional Sessions Judge No. 2, Jodhpur under his order dt. July 26, 1985 allowed the revision petition and ordered that the Magistrate should first verify the sureties produced on behalf of the non-petitioner and then if necessary he may forward the same for verification to the Tehsildar.