S.B. Criminal Misc. Petition No.945/2010 Pradeep Kumar Choudhary and ors. Vs. State of Raj. Dated : 19.05.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. PC Sharma, for the petitioners. Mr. GS Rathore, PP for the State. *** By way of this criminal misc. petition filed under Section 482 of Cr.P.C., the petitioners have implored to quash and set aside the order dated 29th April, 2009, rendered by Judicial Magistrate-First Class, Niwai, District Tonk. Learned counsel for the petitioners canvassed that the counsel for the petitioners filed an application with regard to record his confession. The learned trial Court sentenced the petitioner to a fine and he deposited the fine in the office accordingly. But, when the petitioners obtained the photo-stat copy of the impugned order, it was found that their case was not decided by the Court, hence, the impugned order deserves to be quashed. Learned Public Prosecutor appearing for the State has opposed the petition. Having considered the submissions made at the bar and carefully perused the impugned order, it is noticed that neither the petitioners appeared before the Court nor the learned counsel had -2- any authority to make confession on their behalf. The learned trial Court has categorically mentioned in the order that only the accused Kailash Chandra was present in the Court and his confession was recorded accordingly. Since the petitioners were not present in the court nor their confession was recorded, hence, no question arose with regard to passing any order of conviction or awarding any sentence to them. The impugned order appears to be just and proper. It is found to have been passed in accordance with the provisions of law. It does not suffer from any infirmity. The petition is totally baseless, groundless and bereft of any substance, which deserves to be dismissed at the threshold. In view of above, the petition being bereft of any merit, stands dismissed. (MAHESH BHAGWATI)J. Pcg