Bhawani Shankar v. State Of Rajasthan, Through Pp

S.B. Criminal Miscellaneous (Petition) No. 8149/2018 Bhawani Shankar S/o Radheyshyam Sharma, Aged About 45Years, B/c-Brahmin, R/o M-33, Income Tax Colony, Tonk Road,Jaipur ----Petitioner Versus 1. State Of Rajasthan, Through Pp. 2. Devi Shankar Sharma S/o Late Shri Prabhu NarayanSharma, B/c-Brahmin, R/o 75, Mahaveer Nagar, TonkRoad, JaipurSharma, B/c-Brahmin, R/o 75, Mahaveer Nagar, TonkRoad, Jaipur ----Respondents For Petitioner(s) : Mr. Umesh Kumar SharmaFor Respondent(s): Mr. Prakash Thakuriya, PPFor Respondent(s): Mr. Prakash Thakuriya, PP HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Order 20/12/2018 Present petition has been filed under Section 482 Cr.PCto assail the order dated 2.5.2016 passed by the court ofAdditional Chief Metropolitan Magistrate No.7, Jaipur MetropolitanJaipur whereby charges were framed against the petitioner foroffences under Sections 384 & 504 IPC and Section 66 ofInformation Technology Act. It is further prayed that the orderdated 23.11.2016 passed by the revisional court below wherebyorder framing charge was affirmed, be also set aside. Learned counsel for the petitioner submitted that thereis inter se litigation pending between the parties and hence, falseallegations have been levelled. On the observation made by this Court that the presentpetition has been filed after delay of two years of passing of theimpugned order by the revisional court below, present petitioncannot be entertained because of delay and latches, learnedcounsel for the petitioner has payed that he shall be satisfied incase personal appearance of the petitioner is exempted before thetrial court. Considering the nature of allegation and the fact thatinter se litigation is pending between the parties, I find merit inthe alternative prayer made by the learned counsel for thepetitioner. Consequently, personal appearance of the petitionerbefore the trial court is exempted subject to following conditions. (a). That the petitioner shall file an undertaking beforethe trial court that he shall appear before the trial court at thetime of framing of charges, recording of statement of the accusedunder Section 313 Cr.PC and at the time of delivery of thejudgment. (b). That in the undertaking filed the petitioner shallspecifically state that any evidence recorded in his absence, but inpresence of their counsel, shall be binding upon them. (c). That the accused-petitioner shall also undertake toappear before the trial court as and when called by the trial Judge. In view of the above, present petition stands disposed of. (KANWALJIT SINGH AHLUWALIA),JAnand 191