JUDGMENT 1. - Heard learned counsel for the parties. 2. This Criminal Misc. Petition under Section 482 Cr.P.C. is directed against the order dated 22.1.2010 passed by Additional Sessions Judge, Srikaranpur, district Sriganganagar rejecting the revision petition preferred by the petitioners herein against the order dated 8.9.2006 passed by the Judicial Magistrate, First Class, Padampur taking cognizance against the petitioners for the offence under Sections 420, 406, 467 and 120B I.P.C. 3. Learned counsel for the petitioners submits that the evidence on record is not sufficient to substantiate the allegations constituting offence under Sections 420, 406, 467 and 120B I.P.C., therefore the order passed by the learned Magistrate taking cognizance is ex facie erroneous and the revisional Court has seriously erred in rejecting the revision petition. 4. Learned Public Prosecutor and counsel for the complainant have supported the orders impugned.It is to be noticed that after perusal of the complaint and due consideration of the statements of the witness recorded Linder Sections 200 and 202 Cr.P.C., the learned Magistrate has proceeded to take cognizance against the petitioners as aforesaid. The order passed taking cognizance has been affirmed by the revisional Court. 5. In considered opinion of the Court the finding arrived by the learned Magistrate regarding prima-facie case against the petitioner affirmed by the revisional Court cannot be said to be capricious or perverse so as to warrant interference in exercise of inherent jurisdiction under Section 482 Cr.P.C. 6. It is next contended by the learned counsel for the petitioners that the learned trial Court while taking cognizance was not justified in summoning the petitioners straight away by arrest warrant. In this regard the learned counsel has relied upon a decision of the Hon'ble Supreme Court in the matter of Inder Mohan Goswami & Anr. v. State of Uttaranchal & Ors., 2008 (1) SCC (Cri.) 259 . 7. Having regard to the facts and the circumstances of the present case the material on record and decision of Hon'ble Supreme Court in the Inder Mohan Gosnvami's case (supra), in the interest of justice it is considered expedient that arrest warrant issued against the petitioners by the learned Judicial Magistrate (First Class), Padampur is ordered to be converted into available warrant. 8. In view of the discussion above this criminal misc. petition is partly allowed.
8. In view of the discussion above this criminal misc. petition is partly allowed. It is ordered that the warrant of arrest issued by learned Judicial Magistrate, First Class, Padampur against the petitioners Somnath, Jeet Singh and Kripal Singh shall stand converted into available warrant for a sum of Rs. 10,000/- each.Petition partly allowed. *******