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2022 DIGILAW 1150 (RAJ)

Girdharila v. State Of Rajasthan

2022-04-08

DINESH MEHTA

body2022
JUDGMENT Dinesh Mehta, J. - By way of the present petition, the petitioners have challenged the order dated 05.08.2019 whereby, the additional Chief Judicial Magistrate No.1, Phalodi, District Jodhpur (hereinafter referred to as the 'trial Court') has taken cognizance against the present petitioners, pursuant to a complaint filed by the complainant. 2. Normally the petitioners are required to prefer a revision petition against the order of the Magistrate taking cognizance. 3. The petitioners No.1 & No.2 before this Court are Sub-Inspector and Driver respectively in the Police Department. 4. Learned counsel for the petitioners submits and asserts that the warrant of arrest has never been brought to the notice of the petitioners and they came to know about warrant of arrest only recently. 5. Learned counsel further submits that the petitioners cannot file revision against the order taking cognizance, as the limitation for filing the revision has passed. 6. On merit, learned counsel for the petitioners argued that the petitioners are Government servants and the act, alleged to have been done by the petitioners has been done in the capacity of discharging of official duty and the cognizance could not have been taken by the Court without prosecution sanction of the competent authority. 7. Without making observation on merit of the petitioners' contentions, the present misc. petition under Section 482 of the Code of Criminal Procedure stands disposed of, while converting the warrant of arrest into bailable warrant. 8. The petitioners shall appear before the trial Court on or before 30.04.2022 and furnish personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court, whereafter the trial Court shall proceed in accordance with law. 9. The petitioners shall be free to take all submissions and grounds at the stage of framing charge. 10. Stay application too stands disposed of.