2019 (4) TMI 2174 - HC - Indian Laws

Challege to order paased by which cognizance has been taken for the offence under Section 457 376 IPC against the petitioners and they have been summoned through nonbailable warrants - HELD THAT - Having regard to the submissions made by the learned counsel for the petitioners and learned Public Prosecutor the non- bailable warrants issued against the petitioners are converted as bailable warrants. Petition disposed off.

Summary

**Summary:**In the case before the Rajasthan High Court, presided over by Mr. Justice Prakash Gupta, a petition was filed under Section 482 of the Criminal Procedure Code (Cr.P.C.) challenging the order dated 16.02.2019 by the Additional Chief Judicial Magistrate, Aklera. The order in question involved taking cognizance of offenses under Sections 457 and 376 of the Indian Penal Code (IPC) against the petitioners, summoning them through non-bailable warrants.The petitioners' counsel argued that the complainant had initially lodged an FIR, which after investigation resulted in a negative report. A protest petition by the complainant was dismissed, but upon revision, the Additional Sessions Judge remanded the case back to the Trial Court. The counsel contended, citing the case of *Inder Mohan Goswami & Another Vs. State of Uttaranchal & Others*, that non-bailable warrants should not have been issued initially. Further reliance was placed on *Manohar Lal Saini & Others Vs. State of Rajasthan*, where it was held that non-bailable warrants should not be issued when accused are summoned under Section 319 Cr.P.C.The court, considering these submissions and the fact that the Investigating Officer had concluded the petitioners were not involved, converted the non-bailable warrants into bailable warrants. The petition was thus disposed of accordingly.