JUDGMENT 1. - Heard learned counsel for the petitioner and learned Public Prosecutor. 2. It is contended by learned counsel that police after thorough investigation submitted a final report against the petitioner only, but the learned Civil Judge (Junior Division) cum Judicial Magistrate, 1st class, Gharsana has taken cognizance against him for the offences under Section 341, 323 IPC and under Section 3(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, Learned counsel contends that there was no evidence to take cognizance against the petitioner. 3. Learned counsel further contends that in the facts and circumstances, there was no justification to issue a non- bailable warrant for the arrest of the petitioner. 4. So far as merit of the case is concerned, it shall not be proper for me to comment at this stage as it may prejudice the case of either party. Learned Magistrate has taken cognizance and the petitioner shall have full opportunity to make his submission, after putting appearance at the stage of framing charge to satisfy the concerned court to discharge him. 5. In the facts and circumstances, the petition is disposed of with the following terms:- (i) The petitioner shall surrender/appear before the aforesaid court of the learned Magistrate on or before 3.10.97. If he does so, he shall be released on bail on furnishing a personal bond in the sum of Rs. 5,000/- with one surety in the like amount to the satisfaction of the aforesaid court for his appearance in that court or any other court during pendency of the enquiry or trial as the case may be. Till 3.10.97 the petitioner shall not be arrested in persuade of order dated 26.2.97. (ii) The petitioner shall be free to raise all points and make all submissions at the stage of framing the charge. Thereafter, it any charge is framed against him, he shall be free to challenge the same in accordance with law. The petition is disposed of as indicated above.> Petition disposed as above. *******