SANTU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a petition under Sec. 482 Crimial P.C. filed against the order dated 13th May, 1991 whereby after taking cognizance against the petitioner with regard to an offence under Sec. 376/511 IPC. the order was passed for issue of non-bailable warrants against the petitioner. The petitioner submitted an application that he may not be called by non-bailable warrants and instead that he may be called by bailable warrants only because he is an employee as a teacher in the Education Department of the Government of Rajasthan and since he is himself prepared to appear before the Court and incident is as old as three years. In case he is arranged in pursuance of the order dated 13th May. 1991 his service prospects will be jeopardised. The Court by its order dated 13th May, 1991 declined the request of the petitioner on the ground that the offence under Sec. 376/511 was an offence punishable with life imprisonment and secondly on the ground that he could not review his earlier order under which the non-bailable warrants were ordered to be issued. So it has been argued by Shri Bajwa that the offence against the petitioner was not of 376 but was of 376 read with 511 Penal Code and. therefore, it was not an offence punishable for life imprisonment but half of it only and that comes to 7 years and secondly that under Sec. 70, sub-section 2 of Crimial P.C., the Magistrate had all the powers to reconsider the orders with regard to issue of non-bailable warrants and, therefore, both the reasons assigned by the learned Magistrate are contrary to law and in the facts of this case if the petitioner is arrested in pursuance of the order dated 13th May, 1991 by non-bailable warrants, it will amount to abuse to the process of the Court.

(2.) Having heard both the sides, I am of the opinion that it is a matter in which the petitioner was himself prepared to appear before the Court and in fact had approached the Court with regard to an incident which was three year old and the order with regard to the issue of non-bailable warrants could always be reconsidered by the Magistrate on an application filed by the petitioner and it is an admitted case that the offence against the petitioner is under Sec. 376/511 in which the maximum sentence is 7 years. In these circumstances, I find that the reasons given in the order dated 13th May, 1991 are wholly perverse and the same therefore, deserves to be quashed and set aside. Consequently the petition is allowed. The order dated 13th May, 1991 passed by the Addl. Chief Judicial Magistrate No. 2, Alwar is hereby modified and it is directed that the petitioner shall be called by bailable warrants only and the petitioner also undertakes to appear before the Court on 8th of July, 1991. The petition is, accordingly, disposed of.