Mohammad Rafiq, J. - (1.) This petition under Sec. 482 Code of Criminal Procedure has been filed by Petitioner assailing order dated 04.01.2010 of learned Additional Sessions Judge, Khetri, District Jhunjhunu, in Criminal Revision No. 133/2009 whereby revisional court dismissed revision petition filed by Petitioner and affirmed the order dated 09.011.2009 of learned Juridical Magistrate, Khetri, District Jhunjhunu, in Criminal Case No. 520/2005 dismissing Petitioner's application under Sec. 70(2) of Code of Criminal Procedure Petitioner had requested that standing arrest warrant issued against him by the trial court on 12.01.2006 be converted into bailable warrant but his request was rejected by the trial court.
(2.) Contention of learned Counsel for Petitioner is that alleged offence against Petitioner is under Sec. 19/54 of the Rajasthan Excise Act. Recovery is made at the instance of co -accused Deepak Kumar and that offence is triable by court of Magistrate. Police did not file any challan against Petitioner. It is the trial court which has taken cognizance against Petitioner on application of Assistant Public Prosecutor under Sec. 190 Code of Criminal Procedure, without issuing notice and affording any opportunity of hearing to him. He would undertake to regularly appear before the court on each and every date as and when called upon to do so. It is therefore prayed that standing arrest warrant be converted into bailable warrants.
(3.) Learned Public Prosecutor opposed the petition.;