POORAN SINGH AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Aggrieved by the issuance of warrant of arrest by the learned trial Court on 05.06.2002, aggrieved by the dismissal of the application filed by the petitioners under Sec. 70(2) of Crimial P.C., for converting the warrant of arrests into bailable warrant, the petitioners have approached this Court.

(2.) The facts of the case are that one Mr. Nemi Chand submitted a complaint before the Civil Judge (JD) and Judicial Magistrate, First Class, Bayana, District Bharatpur against the petitioner and others for offences under Sections 148, 323, 149, 324, and 307 Penal Code with regard to the fact that his son, Manoj Kumar, was brutally assaulted by the petitioners and by the other co-accused persons. After investigation, the police submitted a negative Final Report. However, the complainant submitted a protest petition and he and his three witnesses were examined under Sections 200 and 202 Crimial P.C. Vide order dated 05.06.2002, considering the fact that offence under Sec. 307 Penal Code was not made out, the learned trial Court took cognizance for offences under Sections 148, 323, 149, 324 and 308 IPC.

(3.) In a detailed order, the learned trial Court also observed the fact that the petitioners are police personnels who had dragged the complainant's son to the police station and had brutally assaulted him. The learned trial Court considering the gravity of the offence, considering the factual matrix of the case, directed that warrant of arrest be issued against the petitioners. According to the petitioners, they did not know that warrant of arrest had been issued against them till 2010. Once they came to know in the year 2010 that warrant of arrest had been issued against them, they moved an application under Sec. 70(2) of Cr.P.C.. However, vide order dated 08.03.2010, the learned trial Court has rejected the application. Hence, this petition before this Court.