LAWS(RAJ)-2001-8-80

ATAR KHAN Vs. STATE OF RAJASTHAN

Decided On August 24, 2001
ATAR KHAN Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) A first information report came to be lodged at Police Station-Kishangarhbas, District-Alwar on 4. 6. 2000 at 10. 05 A. M. by one Hulla for an incident alleged to have taken place on the same date at 6. 00 A. M. It was alleged in the report that Deena, elder brother of the complainant, was assaulted by the persons named in the FIR resulting in death of the injured Deena on way to the hospital.

(2.) THOUGH, number of persons were named in the FIR, however, the investigating agency, after investigation, submitted charge- sheet against only two persons namely; Juber Khan and Fajju and negative report was filed in respect of other persons named in the FIR.

(3.) MR. Bajwa relied on the judgments of the Supreme Court in the case of "municipal Corporation of Delhi vs. Ram Kishan Rohtagi & Ors. " (1), "m/s Pepsi Foods Ltd and another vs. Special Judicial Magistrate and Ors. " (2), and "michael Micado vs. CBI" MR. Bajwa has also submitted that in case this court maintains the impugned order passed by the trial court, then the non-bailable warrants issued against the accused petitioners may be converted into bailable warrants.