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2013 DIGILAW 1923 (RAJ)

Prithvi Raj v. State of Rajasthan

2013-11-06

SANDEEP MEHTA

body2013
JUDGMENT 1. - The instant misc. petition has been filed by the petitioners challenging the order dated 1.12.2011 passed by the learned Additional Sessions Judge, Anupgarh whereby the learned Revisional Court dismissed the revision filed by the petitioners against the order dated 9.6.2006 passed by learned Judicial Magistrate, 1st Class, Anupgarh taking cognizance against them for the offences under Sections 467, 468, 471 and 120-B I.P.C. 2. Learned counsel for the petitioners submits that earlier the Police after thorough investigation of the case did not find the petitioners involved in the offence. He contends that a civil suit is pending between the parties regarding disputed power of attorney. Thus, he submits that the orders impugned deserve to be quashed. In the alternative, placing reliance on the decision of Hon'ble Apex Court in the case of Indra Mohan Goswami & Ors. v. Government of Uttaranchal & Ors. reported in 2008 Cr.L.R. (SC) 574 . learned counsel for the petitioners submits that the petitioners be summoned through bailable warrant instead of warrant of arrest. 3. Heard and considered the arguments advanced at the bar and perused the order impugned and evidence adduced at the trial. 4. At this stage, it cannot be said that there is no material whatsoever on the record of the case so as to interfere in the summoning order passed by the learned trial Judge. The order summoning the accused is an ex parte order and the petitioners will have opportunity to raise all the contentions of innocence before the Trial Court at the stage of charges. However, in view of the fact that the Police did not find the case made out against the petitioners, the direction to summon the petitioners by a warrant of arrest appears to be too harsh. 5. Accordingly, the miscellaneous petition is disposed of and while upholding the order dated 1.12.2011 passed by the learned Additional Sessions Judge, Anupgarh and the order dated 9.6.2006 passed by the learned Judicial Magistrate, 1st Class, Anupgarh it is hereby directed that now the petitioners shall be summoned through bailable warrant in the sum of Rs. 50,000/- instead of the warrant of arrest as directed by the learned trial Judge. The petitioners may appear before the Trial Court on or before 6.12.2013 and submit their bail bonds in terms of the bailable warrant, failing which the order issuing warrant of arrest shall stand restored. 50,000/- instead of the warrant of arrest as directed by the learned trial Judge. The petitioners may appear before the Trial Court on or before 6.12.2013 and submit their bail bonds in terms of the bailable warrant, failing which the order issuing warrant of arrest shall stand restored. Stay petition is also disposed of. The petitioners will be at liberty to raise all the permissible objections before the Trial Court at the stage of framing of charges and the Trial Court shall consider and decide the objections/arguments on the question of charge by a reasoned order. *******