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2019 DIGILAW 572 (RAJ)

Sethi @ Sunil v. State of Rajasthan, Through PP

2019-02-18

MANOJ KUMAR GARG

body2019
JUDGMENT 1. Heard learned counsel for the petitioner and learned Public Prosecutor. 2. Instant revision petition has been filed by the petitioner against the order dated 03.11.2018 passed by the learned Special Judge, POCSO Act and Commission for Protection of Child Rights Act No. 1, Sriganganagar whereby, the application filed by the complainant under Section 319 Cr.P.C for taking cognizance against the petitioner for offence under Section 366, 376D IPC has been allowed by the trial court. 3. Learned counsel for the petitioner submits that the police after thorough investigation submitted Final Report to the effect that no case is made out against the petitioner. Later on, on the basis of statement of the prosecutrix, the trial court took cognizance against the petitioner and in the first instance itself, the trial court issued arrest warrant against the petitioner which is against the settled proposition of law, therefore, order impugned may be quashed. 4. Per contra, learned Public Prosecution vehemently opposed the prayer and submits that cognizance has been taken on the basis of evidence recorded in the trial which is evident from the finding given by the trial court for taking cognizance against the petitioner upon application filed under Section 319 Cr.P.C. 5. After considering the facts and arguments advanced by both the parties and perusing the order impugned, I am not inclined to interfere in the order for taking cognizance against the petitioner. However, keeping into account the fact that the police after thorough investigation had filed Final report in this case and later on, on the basis of statement of the prosecutrix in the Court, the trial court took cognizance against the petitioner under Section 319 Cr.P.C and issued warrant of arrest against the petitioner, I deem it appropriate to modify the order for summoning the petitioner through arrest warrant. 6. Consequently, it is directed that the petitioner will appear before the trial court on or before 26.03.2019 and file an application for bail before the trial court and the trial court is directed to release him on bail on furnishing personal bond in the sum of Rs. 1,00,000/- with two sureties in the sum of Rs. 50,000/- to appear before the trial court as and when called upon to do so. If the petitioner fails to appear before the trial court, then the trial court shall issue warrant of arrest against the petitioner. 7. 1,00,000/- with two sureties in the sum of Rs. 50,000/- to appear before the trial court as and when called upon to do so. If the petitioner fails to appear before the trial court, then the trial court shall issue warrant of arrest against the petitioner. 7. The revision petition is disposed of accordingly.