SUKHDEV SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition is filed against the order dated 16.12.2011 passed by Additional Sessions Judge, Sri Karanpur, District Sri Ganganagar, whereby the learned Judge has issued process against the petitioners and against one Gurmukh Singh, while invoking his power under Section 319 Cr.P.C.

(2.) Briefly, the facts of the case are that complainant Baljeet Kaur lodged a report against petitioners and others at P.S. Gajsinghpur, District Sri Ganganagar on 27.08.2007 wherein she claimed that on 26.08.2007 at 11:00 PM the accused-petitioners and one Gurmukh Singh came armedwith weapons and had taken away with them Sukhpal despite her resisting. Gagandeep went behind them and saw the accused persons giving beating to Sukhpal and narrated the whole incident to her. In the morning, dead body of Sukhpal was found. On the basis of said report, FIR was lodged and police filed chargesheet against Bhupinder Singh and submitted Final Report against petitioners. During trial, the prosecution examined its witnesses. Thereafter, the complainant, Baljeet Kaur, moved an application under Section 319 Cr.P.C. and the trial Court has taken taken cognizance against the petitioners vide order dated 16.12.2011. Hence this petition before this Court.

(3.) The learned counsel for the petitioners has restricted his contentions only to the point that while issuing process, the learned Judge has issued non-bailable warrant against the petitioners. According to him, at the first instance, the learned Judge should have issued summons or bailable warrant. Moreover, the learned Judge has issued arrest warrant against Gurmukh Singh. However, according to the death certificate issued by the Gram Panchayat, 56-F, Panchayat Samiti Sri Karanpur, Gurmukh Singh has expired on 11.02.2008. Therefore, the warrant of arrest has been issued against a person who is already dead. Therefore, he has requested that the arrest warrant may be converted into bailable warrant. In order to substantiate his contention, the learned counsel has relied upon the case of Lal Suraj alias Sujra Singh & Anv. Vs. State of Jharkhan, 2009 CrLR 1.