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Judgments of Supreme Court of India and High Courts

Sahabram vs State Of Rajasthan on 28 May, 2019

S.B. Criminal Misc(Pet.) No. 2756/2019

Sahabram S/o Ladhuram, Aged About 55 Years, By Caste Jat,
R/o Home Lend City, National Highway-15, District


1. State Of Rajasthan, Through Pp

2. Vedprakash S/o Harlal Jat, B/c Jat, R/o 1-C-19,
Jawaharnagar, Dist. Sriganganagar


For Petitioner(s) : Mr. Umesh Shrimali.
For Respondent(s) : Mr. Sudhir Tak, PP.




The present misc. petition under Section 482 Cr.P.C. has

been filed by the petitioner for quashing of the order passed by

the learned Addl. Civil Judge-cum-Addl. Chief Judicial Magistrate

No.1, Sri Ganganagar by which the cognizance has been taken

against the accused petitioner and accused petitioner has been


A limited prayer has been made by the counsel for the

petitioner that he will raise all the objections at the time of charge

but since the accused is ready to appear before the trial Court, the

trial Court may be directed to release the petitioner on bail. Since

earlier, after investigation Final Report was proposed by the Police

and later on the Police submitted chargsheet against the petitioner

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(2 of 2) [CRLMP-2756/2019]

for the offence under Section 406 IPC, the petitioner is ready to

appear before the trial Court but he may be released on bail.

Learned Public Prosecutor opposed the prayer made by the


Heard the learned counsel for the parties.

I have considered the arguments advanced before me and

upon perusal of the challan papers. The earlier Investigating

Officer found that no case is made out against the petitioner but

later on the investigation was changed and filed challan against

the petitioner for the offence under Section 406 IPC. In view of

limited prayer made by the petitioner so also taking into

consideration the fact that the petitioner is ready to appear before

trial Court on the stipulated date. Petitioner is directed to appear

before the trial Court on or before 10.6.2019 then the trial Court

release the petitioner on bail and submit the bail bonds for the

sum of Rs.30,000/-. If the petitioner does not appear on or before

10.06.2019, then the trial Court may issue arrest warrant against

the petitioner.

With these observations, the criminal misc. petition is

disposed of. The stay application also stands disposed of.


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