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2022 DIGILAW 1506 (RAJ)

Sushil v. State Of Rajasthan, Through P. P.

2022-05-10

DINESH MEHTA

body2022
ORDER 1. By way of present petition under Section 482 of the Code of Criminal Procedure, 1973, the petitioner has challenged the order dated 28.04.2022, passed by the learned Additional District & Sessions Judge, Merta, whereby the revision petition filed by the petitioner against the order dated 10.03.2022 passed by learned Civil Judge & Judicial Magistrate, Merta, vide which cognizance has been taken against the petitioners under Sections 302/34 and 342 of the Indian Penal Code instead of Section 306 of the Indian Penal Code, has been dismissed. 2. It is submitted that the Magistrate, before committing the case for trial, could not take cognizance against the petitioner under Section 302/34 of the Indian Penal Code, particularly when the Investigating Officer has filed charge-sheet treating it to be a case under Sections 306, 323 and 342 only against one of the petitioners (Sushil). 3. Learned Senior Counsel argued that learned Magistrate was not legally justified in issuing arrest warrants to the petitioners vide order dated 05.05.2022, while informing that the revision petition filed by the petitioners was decided on 28.04.2022, before which though the bailable warrants were issued to the petitioners but the same were not served. And immediately on dismissal of the revision, learned Magistrate has hastened to issue arrest warrants to the petitioners, ignoring the fact that the bailable warrants were never served upon the petitioners. 4. Having regard to the facts and circumstances of the case and considering that the Investigating Officer has filed charge-sheet against only one of the petitioners (Sushil) under Sections 306, 342 and 343 of the Indian Penal Code and the petitioner Nos.2 to 4 were not at all arrayed as accused, this Court deems it appropriate to dispose of the present petition with a direction to the petitioners to appear before the Magistrate on the next date of hearing, which is reported to be 19.05.2022 and furnish personal bonds of Rs.50,000/- each and two sureties of Rs.25,000/- each. If that be done, the Magistrate shall accept the same and proceed in accordance with law. 5. Needless to observe that all the grounds, which the petitioners have canvassed before this Court and taken in the memo of present petition, shall be permissible to the petitioners to be raised at the stage of framing of charges, as this Court has not recorded any finding about the grounds which have been raised before this Court. 5. Needless to observe that all the grounds, which the petitioners have canvassed before this Court and taken in the memo of present petition, shall be permissible to the petitioners to be raised at the stage of framing of charges, as this Court has not recorded any finding about the grounds which have been raised before this Court. 6. The stay application also stands disposed of accordingly.