SUSHIL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of present petition under Sec. 482 of the Code of Criminal Procedure, 1973, the petitioner has challenged the order dtd. 28/4/2022, passed by the learned Additional District & Sessions Judge, Merta, whereby the revision petition filed by the petitioner against the order dtd. 10/3/2022 passed by learned Civil Judge & Judicial Magistrate, Merta, vide which cognizance has been taken against the petitioners under Ss. 302/34 and 342 of the Indian Penal Code instead of Sec. 306 of the Indian Penal Code, has been dismissed.

(2.) It is submitted that the Magistrate, before committing the case for trial, could not take cognizance against the petitioner under Sec. 302/34 of the Indian Penal Code, particularly when the Investigating Officer has filed charge-sheet treating it to be a case under Ss. 306, 323 and 342 only against one of the petitioners (Sushil).

(3.) Learned Senior Counsel argued that learned Magistrate was not legally justified in issuing arrest warrants to the petitioners vide order dtd. 5/5/2022, while informing that the revision petition filed by the petitioners was decided on 28/4/2022, before which though the bailable warrants were issued to the petitioners but the same were not served. And immediately on dismissal of the revision, learned Magistrate has hastened to issue arrest warrants to the petitioners, ignoring the fact that the bailable warrants were never served upon the petitioners.