- (1.) BY the instant criminal miscellaneous petition under S.482 Cr. P.C., accused - petitioner has challenged the impugned order dated 27-7-2002 passed by the Additional Chief Judicial Magistrate, Barmer (for short, the "trial Court") in Criminal Case No. 28/2002, by which the trial Court issued standing warrant against the petitioner.
(2.) THE facts of the case, relevant and necessary for the decision of this miscellaneous petition, are that on 21-4-2002, prosecutrix Smt. Dammi lodged an FIR with Police Station, Ramsar (district Barmer) alleging therein that on 18-4-2002 when she was at her Dhani, the accused - petitioner came and committed rape on her. On this information, the investigation ensued. During investigation, the petitioner could not be apprehended by police and, therefore, on completion of investigation, challan was filed against the petitioner under S.299, Cr. P.C. for the offences under S.450, S.354, S.376, IPC and the trial Court took cognizance of the aforesaid offences. Since the petitioner was declared absconder, despite issuance of arrest warrant, he could not be traced out and, therefore, the arrest warrant was not executed and ultimately the standing warrant has been issued by the trial Court vide impugned order dated 27-7-2002. I have heard learned counsel for the petitioner and the Public Prosecutor for the State assisted by the counsel for the complainant. Perused the order impugned and the record of the case.
(3.) IT has been contended by the learned counsel for the petitioner that the petitioner is serving in Indian Army and regularly discharging his duties at his place of posting at Jodhpur and as such the trial Court has seriously erred in law in declaring him absconder and issuing standing warrant. It has further been contended that even while issuing the standing warrant, the mandatory provisions of S.82, Cr. P.C. have not been complied with.;