S. B. CRIMINAL MISC. PETITION NO.1097/2008 SUBHDRA @ SANNI PATHAK V. THE STATE OF RAJASTHAN. DATE: 08/09/2008. HON'BLE MR. JUSTICE C. M. TOTLA Mr. Sanjay Mathur, for Petitioner (s). The petitioner is facing trial for the offence under Section 4/9 Excise Act case bearing No.11/2001. On petitioner's absence of 10th March, warrant of arrest ordered. Contended that date fixed was March 9th which declared holiday and consequently next date was March 10th on which date petitioner could not appear. Contended that the issuance of warrant of arrest is not justified. On behalf of the petitioner contended that petitioner preferred Criminal Revision Petition No.53/08 before the Court of Additional Sessions Judge (Fast Track) No.2, Udaipur, which was decided vide judgment dated 10.06.2008, as such, it cannot be said that the petitioner has absented himself for long. Considered. For absence, warrant issued – in addition since March, 05 to this time, the petitioner has not presented himself before the concerned Court. Looking to the above, it is not a fit case for giving any direction to the Judicial Magistrate (North) No.2, Udaipur to issue bailable warrants in place of non-bailable warrants. There is no reason to assume that if the petitioner presents himself and submits the application, the reasons & arguments shall not be considered by the concerned Magistrate. The petition is rejected. (C. M. TOTLA), J.