RAKESHWAR LAL SOOD Vs. STATE OF H.P.

JUDGEMENT

(1.) This petition Under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India has been preferred by the Petitioner for quashing of non-bailable warrants issued by the learned Additional Chief Judicial Magistrate, Arki in Case FIR No. 62 of 1997 titled State v. Ram Lal, Under Section 279 of the Indian Penal Code and for issue of appropriate directions.

(2.) Brief facts leading to the presentation of this petition are that some time in the year 1997 a Taxi, driven by one Ram Lai, dashed against the Car in which the Petitioner was travelling within the local limits of Police Station, Arki. The Petitioner lodged the First Information Report about the occurrence in Police Station, Arki. After investigation, the police has filed cancellation report in the Court of the learned Additional Chief Judicial Magistrate, Arki. The said Magistrate summoned the Petitioner who showed his inability to appear on the due date as per the endorsement made in the summons and prayed for adjournment. However, the learned Magistrate issued bailable warrants to secure his presence as a complainant for consideration of cancellation of the First Information Report. The Petitioner again showed his inability to appear on the due date because of his cases having been listed for hearing in the High Court. Now, the learned Additional Chief Judicial Magistrate has issued non-bailable warrants against the Petitioner to secure his presence for 4.10.2002. It is claimed by the Petitioner that he is no more interested in the First Information Report and he himself is not the offender, therefore, the learned Additional Chief Judicial Magistrate, Arki has no jurisdiction to force his appearance as a complainant/informant in the Court, in a case in which the police has submitted a cancellation report.

(3.) I have heard the learned Counsel for the Petitioner and the learned Law Officer for the State.