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2019 DIGILAW 798 (RAJ)

Radhesh Chand Sharma v. Shanti Kumar Sharma

2019-03-11

KANWALJIT SINGH AHLUWALIA

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JUDGMENT : Kanwaljit Singh Ahluwalia, J. 1. Instant petition has been preferred under Section 482 Cr.P.C. praying therein that the order dated 3.1.2014 passed by the Court of Additional Chief Judicial Magistrate, Dausa, whereby cognizance of offences punishable under Sections 354 and 509 IPC was taken against the petitioner upon a Final Report submitted in negative form by the Investigating Agency, be set aside. It is further prayed that the order dated 19.12.2018 passed by revisional court below whereby the order of cognizance was affirmed be also set aside. 2. The learned counsel appearing for the petitioner having argued the matter at some length, has made an alternative submission that the arrest warrant issued by the said Court be converted as bailable warrants. 3. Counsel appearing for the petitioner has relied upon the case of Inder Mohan Goswami & Another vs. State of Uttaranchal & Others, reported in A.I.R. 2007 12 SCC 1 , to contend that the trial Court at first instance should not have issued warrant of arrest to summon the petitioners, in a case where the Investigating Agency has submitted a Final Report in negative form. Counsel has further relied upon the case of Manohar Lal Saini & Others vs. State of Rajasthan, reported as 2016 (1) CJ (Cri.) (Raj.) 289, to contend that the Division Bench has held that where the accused are summoned under Section 319 Cr.P.C. as an additional accused, the arrest warrants should not be issued. 4. Counsel appearing for the petitioner, on the basis of same analogy, has contended that the ratio of law laid down in the case of Manohar Lal Saini (supra) shall also apply mutatis mutandis where the accused is summoned in a Final Report submitted in negative form. 5. I have heard ld. counsel appearing for the petitioner and ld. Public Prosecutor appearing for the State. 6. In the light of arguments raised, the arrest warrants issued against the petitioner is converted as bailable warrant. Liberty is granted to the petitioner to raise all arguments available to him before the trial court at appropriate stage including at the time of consideration of charges. In view of above, the present petition is disposed of.