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2015 DIGILAW 157 (RAJ)

Rameshwar Lal @ Manoj Kumar v. State of Rajasthan

2015-01-19

VIJAY BISHNOI

body2015
JUDGMENT 1. - This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 22.12.2014 passed by learned Judicial Magistrate, First Class, Jaisalmer (hereinafter referred to as 'the court below') in Criminal Original Case No.907/2014 whereby cognizance has been taken against the petitioner for the offences punishable under Sections 420, 494 and 120-B I.P.C. and summoned the petitioner along with other co-accused persons through arrest warrant. 2. Learned counsel for the petitioner has submitted that he does not want to challenge the order of taking cognizance passed by the court below, however, argued that the court below has erred in summoning the petitioner through arrest warrant. 3. Learned counsel for the petitioner has placed reliance upon the judgments rendered by the Hon'ble Supreme Court in Inder Mohan Goswami & Anr. v. State of Uttarachal & Ors. reported in 2008(1) WLC (SC) Cri. 34 and in Vikas v. State of Rajasthan reported in 2013 Cr.L.R. (SC) 988 and has argued that the Hon'ble Supreme Court has held in above decisions that for summoning the accused persons for their appearance before the Court, at the first instance, it is not necessary that in every case, accused persons should be summoned through arrest warrants. 4. In view of the facts and circumstances of the case, this criminal misc. petition is partly allowed. The order dated 22.12.2014 passed by learned Judicial Magistrate, First Class, Jaisalmer in Criminal Original Case No.907/2014 is modified and it is directed that the petitioner may appear before the court below on or before 02.02.2015 and on appearance, if the petitioner moves bail application before the court below, the court below shall consider and decide the same on the very day strictly in accordance with law. 5. Till 02.02.2015, arrest warrant issued against the petitioner shall be kept in abeyance. It is made clear that if the petitioner fails to appear before the court below upto 02.02.2015, the order of issuance of arrest warrant shall be revived automatically. It is also made clear that the order of taking cognizance has not been interfered with by this Court. 6. The stay petition is also disposed of.Petition partly allowed. *******