ABDUL REHMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this Misc. Petition under Section 482, Cr. P. C., the petitioners are challenging the order of learned Additional Chief Judicial Magistrate, Kapasan dated 13-6-2006 whereby learned Magistrate has declared the petitioners as absconder and also initiated proceedings under Sections 82 and 83 Cr. P. C.

(2.) It is alleged that accused were not appearing before the trial Court sin ce 6-12- 2005 and it was reported in the warrant of arrest that they were not present on their residence and went out for marriage purposes. On this count, accused were declared absconder. It is contended by learned counsel for the petitioners that before declaring the petitioners as absconder, it is mandatory to record the statement of the process server but learned Magistrate without recording the statement of process server has initiated proceedings under Section 299, Cr. P. C. declaring the petitioners, absconder and also initiated proceedings under Sections 82 and 83, Cr. P. C. and 446, Cr. P. C. A warrant of arrest has also been, issued against the petitioners

(3.) The only request, of learned counsel for the petitioner is that the petitioners may be given liberty to surrender before the Additional Chief Judicial Magistrate, Kapasan and learned Magistrate be directed to decide the bail application of the petitioners in accordance with the : law on the same day; and proceedings under Sectiona 82 and 83, Cr. P. C. be closed.