[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 390/2006 KISHORE KUMAR Vs. SHRI RAM BABU GOYAL & ANR. Date: 28.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. G.P. Kaushik for the complainant-petitioner. Mr. Arun Sharma, Public Prosecutor for the State. Mr. Suresh Sahni with Mr. R.M. Sharma for the accused-respondent. **** Brief facts of the present case are that on 12.07.2000 the petitioner lodged FIR No. 243/2000 at Police Station Manak Chowk, Jaipur under Section 453, 380 IPC against the accused- respondent and others. Vide order dated 11.01.2001 the bail application moved on behalf of the accused-respondent under Section 438 Cr.P.C. was allowed by this Court and he was enlarged on bail. After investigation the police filed challan before the trial Court under Section 453, 380 IPC against the accused-respondent Rambabu and Suresh, Tarachand, Smt. Sushila, Smt. Meena, Rajendra Agarwal. All these accused persons moved regular bail and the same was granted by the trial Court on 18.07.2001. After enlarging on bail, the accused-respondent No.1 threatened the petitioner and witnesses of the complainant and as such the petitioner lodged a report at Police Station Manak Chowk, Jaipur under Section 107/116 Cr.P.C. and [2] the SDM issued notices under Section 111 Cr.P.C. to the accused-respondent No.1 on 04.02.2002. Despite of the fact that the petitioner lodged a complaint against the accused-respondent No.1 regarding threatening given to him, the accused-respondent No.1 again threatened the petitioner, upon which first information report under Sections 147, 341 IPC came to be lodged by the petitioner against the respondent No.1 at Police Station Mank Chowk and the same has been registered as FIR No. 27/2002 and challan has also been filed in the said FIR in the Court of Judicial Magistrate No.15, Jaipur City, Jaipur on 11.03.2002. On 11.05.2002, the petitioner filed a misc. application for cancellation of bail before this Court and the same has been rejected by this Court with liberty to the petitioner to approach the trial Court for cancellation of the bail. On 05.03.2004 the bail bonds of the accused-respondent have been forfeited by the trial Court and warrant of arrest has been issued against him but on 21.04.2004 the warrant of arrest issued against the accused-respondent has been cancelled and bailable warrant was issued by the trial Court. The petitioner filed an application under Section 439(2) Cr.P.C. and the same has been dismissed by the Additional Chief Judicial Magistrate (Sr. Division) No.5, Jaipur [3] City, Jaipur vide its order impugned dated 18.01.2006 as having become infructuous. Being aggrieved and dissatisfied with the rejection of his application under Section 439 (2) Cr.P.C. by the Court below vide order impugned dated 18.01.2006, the complainant/petitioner has preferred the instant criminal misc. petition under Section 482 Cr.P.C. I have heard rival submissions of the respective parties and carefully gone through the relevant record as also the impugned order dated 18.01.2006 passed by the Court below. The trial Court while rejecting the application of the petitioner moved under Section 439(2) Cr.P.C., has observed that since the accused-respondent did not appear before the trial Court on the date fixed, therefore, his bail bonds were forfeited by the trial Court and warrant of arrest was issued against the accused-respondent and considering all the facts and circumstances of the case, the trial Court rejected the application of the petitioner moved under Section 439(2) Cr.P.C. as having become infructuous. Having gone through the order impugned dated 18.01.2006 passed by the Additional Chief Judicial Magistrate (Sr. Division) No.5, Jaipur City, Jaipur, by which the application of the petitioner moved under Section 439(2) Cr.P.C. has been rejected, this Court do not find any [4] illegality or error in the order impugned and the same requires no interference whatsoever by this Court. Consequently, the criminal misc. petition fails and the same is hereby dismissed. Record be sent back forthwith. (K.S. RATHORE)J. /KKC/ (Hearing)