- (1.) THIS Criminal Misc. Petition has been filed by the petitioner against the order dated 01.10.2013 passed by the Magistrate Rajgarh, District Churu, (hereinafter referred to as 'the trial court'), whereby the trial court in Criminal Regular Case No.215/2011 -State V/s. Tejpal Singh & Ors. (arising out of FIR No.70/2010 of Police Station, Hamirwas, District Churu) has declared the petitioners as absconder and initiated proceedings under Section 82 and 83 Cr.P.C. for the offence punishable under Sections 406, 420, 421, 423, 424 and 120 -B IPC.
(2.) IN the instant case the police after investigation in the FIR No.70/2010 has filed charge sheet against the petitioners and other co -accused persons and the trial court has taken cognizance against the petitioners for the offence punishable under Section 406, 420, 421, 423, 424 and 120 -B IPC on 05.09.2011 and summoned the petitioners and other accused persons through bailable warrant. Learned counsel for the petitioners has contended that the bailable warrant of the petitioners were never served upon them until 28.09.2013 and on 01.10.2013 the police has submitted a report that the correct and permanent address of the petitioners are not known and the petitioners are intentionally avoiding the service of the bailable warrants and, therefore, necessary orders be passed.
(3.) LEARNED trial court vide impugned order dated 01.10.2013 has declared the petitioners and other co -accused persons as absconder and ordered for initiating proceedings against the petitioners under Sections 82 and 83 Cr.P.C. and has also ordered for issuance of standing bailable warrant of the amount of Rs.10,000/ - against the petitioners.;