ARVINDRA NATH SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LEARNED counsel for the petitioner has drawn the attention of the court to the order dated 25. 7. 2007 passed by the learned Magistrate. The same reads as follows:<IMG>kt_609_crimes1_2008.jpg</IMG>

(2.) AFTER the above order was dictated on 25. 7. 2007 the counsel for the accused petitioner appeared and submitted that the accused is on bail and is unwell and unable to attend the court accordingly a request for the date be given after about two months. The learned Magistrate after considering the said application dismissed the same and the operative portion of the order dated 25. 7. 2007 which came to be recorded after giving the reasons for dismissing the application reads as follows:<IMG>kt_60901_crimes1_2008.jpg</IMG>

(3.) THE petitioner thereafter moved an application under Section 70 (2) Cr. P. C. for converting the order for issuance of arrest warrant for summoning the accused to. one by bailable warrant which was passed on 25. 7. 2007. The said application was dismissed by the learned Magistrate vide his order of the same date on the ground that the same shall amount to review of the order passed on 25. 7. 2007. Learned counsel for the petitioner has submitted that the petitioner is willing to appear before the learned court and it was for this purpose that the counsel had appeared on 25. 7. 2007 even though the order had been issued for summoning accused by bailable warrant of Rs. 10,000/- treating the fact that the bailable warrant issued on 23. 4. 2007 had not been served and after the appearance had been put by the counsel on behalf of the accused petitioner on 25. 7. 2007 there is no occasion for issuance of the arrest warrant against the accused petitioner.