PHULA SINGH Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 04.04.2008 passed by the Additional Sessions Judge No.2, Sriganganagar Camp, Suratgarh, whereby the learned Jude has allowed the application filed by the prosecution under Sec. 319 Crimial P.C., and has summoned the petitioner through warrant of arrest.

(2.) Relying on the case of Inder Mohan Goswami & Anr. Vs. State of Uttaranchal & Ors., AIR 2008 SC 251 , the learned counsel has contended that on the first occasion, the Court should have summoned the petitioner rather than issuing warrant of arrest.

(3.) On the other hand, learned Public Prosecutor has contended that since it is a case of offence under Sec. 307 Penal Code read with Sec. 149 IPC, a non-bailable offence has been committed. Therefore, the learned Judge was justified in issuing of warrant of arrest against the petitioner.