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2013 DIGILAW 2012 (RAJ)

Gurdeep Kaur v. State of Rajasthan

2013-11-14

SANDEEP MEHTA

body2013
JUDGMENT 1. - The instant misc. petition has been filed by the petitioners challenging the order dated 28.10.2013 passed by the learned Sessions Judge, Hanumangarh in revision whereby, the revisional Court affirmed the order dated 25.9.2013 passed by the learned Judicial Magistrate 1st Class, Hanumangarh rejecting the application filed by the petitioners under Section 70(2) of the Cr.P.C. 2. The matter initiated from the registration of the F.I.R. No. 152/2010 registered at the Police Station Mahila Thana, Hanumangarh. The Police investigated the matter and gave a Final Report. It was mentioned in the Final Report that as per the dying declaration of the deceased Smt. Harpreet Kaur, she caught fire accidentally. The learned Magistrate however disagreed with the Final Report and proceeded to take cognizance against the petitioners and directed them to be summoned through warrant of arrest by the order dated 26.8.2013. The petitioners moved the application under Section 70(2) of the Cr.P.C. for converting the warrant of arrest to bailable warrant. The said application was rejected by the order dated 25.9.2013 and the order has been affirmed by the revisional Court as well. 3. Learned counsel for the petitioners submits that in view of the fact that the deceased herself in her dying declaration recorded by the learned Judicial Magistrate clearly stated that she caught fire accidentally, there was no occasion for directing summoning of the petitioners by a warrant of arrest. He, therefore, prays that the misc. petition be accepted and the direction to summon the petitioners by a warrant of arrest be modified and now the petitioners be directed to be summoned through bailable warrants. 4. Learned Public Prosecutor does not oppose the prayer made by the learned counsel for the petitioners. He agrees that the Investigating Agency after completing investigation did not find the case made out against the petitioners and submitted a Final Report. 5. In this view of the matter and keeping in view the guidelines issued by the Hon'ble Apex Court in the case of Inder Mohan Goswami & Anr. v State of Uttaranchal & Ors. reported in AIR 2008 SC 251 the misc. petition deserves to be accepted and is hereby allowed. The direction issued by the learned Trial Court to summon the petitioners through warrant of arrest is now modified and now the petitioners shall be summoned by issuing baiiable warrants in the sum of Rs. 50,000/-. The misc. reported in AIR 2008 SC 251 the misc. petition deserves to be accepted and is hereby allowed. The direction issued by the learned Trial Court to summon the petitioners through warrant of arrest is now modified and now the petitioners shall be summoned by issuing baiiable warrants in the sum of Rs. 50,000/-. The misc. petition is allowed in the above terms. Stay petition is also disposed of. Petition allowed. *******