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2017 DIGILAW 1106 (RAJ)

Ashish Meena v. State Of Rajasthan

2017-04-28

DEEPAK MAHESHWARI

body2017
JUDGMENT ORDER Deepak Maheshwari, J. —Heard learned counsel for the accused/petitioners. 2. This Criminal Revision Petition has been preferred on behalf of the accused/petitioners against the order dated 19.11.2016 passed by learned Sessions Judge, Sawai Madhopur whereby, the application filed under Section 193 Cr.P.C. by the complainant - Madan Mohan Meena has been allowed and the cognizance for the offences punishable under Sections 363 & IPC and Section 5/6 POCSO Act in the alternative Section 376(2)(g) IPC has been taken against the petitioners, Ashish Meena & Vimal Meena, and they have been called through non-bailable warrants. 3. During the course of arguments, learned counsel for the petitioners restricts his prayer to the extent that the order summoning the accused/petitioners through non-bailable warrants may be quashed. 4. This fact is undisputed that after thorough investigation made by the Police, charge-sheet for the offences punishable under Sections 363, 366, 368, 370(4), 376, 120-B IPC and Section 3/4 and 16/17 of the POCSO Act was filed only against Vimlesh Kumar and Janak Singh. Accused/petitioners, Ashish Meena and Vimal Meena, were not charge-sheeted. Vide order impugned datd 19.11.2016, petitioners have been summoned through non-bailable warrantes for the offences mentioned above. 5. Taking all the facts and circumstances of the case into consideration in totality, it appears that the order to the extent of summoning the petitioners, Ashish Meena and Vimal Meena, through non-bailable warrants does not appear justified and is liable to be quashed and set aside. However, the petitioners, Ashish Meena and Vimal Meena, are directed to surrender before the learned trial Court and to move application for their regular bail, which will be considered and allowed by that Court on the same day on which it is moved. 6. It is also made clear that the accused/petitioners will be at liberty to raise the contentions raised before this Court at the time of framing of charges before the learned trial Court. 7. The Criminal Revision Petition stands disposed off accordingly.