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2010 DIGILAW 1459 (RAJ)

Amarjeet Singh v. State

2010-08-13

GOPAL KRISHAN VYAS

body2010
JUDGMENT 1. - Heard Learned counsel for the petitioner. 2. Learned counsel for the petitioners contended that while taking cognizance on 12.06.2009 upon protest petition filed by respondent No. 2, the Magistrate took cognizance for commission of offences under Sections 323, 341 and 382, Indian Penal Code and issued warrant of arrest. The said order was challenged by way of revision petition. The revisional Court however upheld the order passed by the Magistrate for taking cognizance. 3. Learned counsel for the petitioners submitted that once, after thorough investigation PR was filed by the investigating officer, then, at the time of taking cognizance upon protest petition, the Court was not required to issue warrant of arrest. Learned counsel for the petitioners argued that at the time of taking cognizance upon protest petition the magistrate was under obligation to consider and discuss the finding given by the investigating officer in the FR. 4. I have perused both the orders impugned. 5. In the facts and circumstances of the case, without entering into merit of the case, it is in the fitness of things to dispose of this miscellaneous petition with partial modification in the impugned orders to the extent that for the purpose of securing presence of petitioners, instead of warrant of arrest, the trial Court is directed to issue bailable warrants against the petitioners. The petitioners are directed to appear before the trial Court on 30.08.2010 and, upon their appearance, they shall be released on bail provided each of them executes personal bond in the sum of Rs. 5000/- and furnished one surety for the like amount for their presence before the trial Court on each and every date of hearing and as and when called upon to do so till completion of the trial. 6. It is made clear that the petitioners will be entitled to raise all their objections at the time of framing charge and learned Magistrate shall consider the same in accordance with law 7. The miscellaneous petit, disposed of in the above terms.Writ Petition disposed of. *******