HARSAHAY MEENA Vs. STATE OF RAJ

JUDGEMENT

(1.) This criminal misc. petition has been filed under section 482 Cr.P.C. by the petitioners against the order dated 30.4.2012 of Addl. Chief Judicial Magistrate Shahbad, District Baran in criminal case No. 151/2012 registered upon a protest petition filed by the non-petitioner No.2, by which the Magistrate took cognizance agaisnt the petitioners for the offence under sections 454, 380 and 427 IPC and issued non-bailable warant.

(2.) The learned counsel for the petitioners submits that for a petty matter the Magistrate has issued non-bailable warrant in a matter in which the police has submitted a negative report. After receiving negative report the Judicial Magistrate recorded the statements of the complainant and witnesses under section 200 and 202 Cr.P.C. took cognizance agaisnt the petitioners and further the petitioners have been summoned through non-bailable warrant. This order of the Judicial Magistrate deserves to be quashed and set aside. The learned counsel for the petitioner has placed reliance on the judgment of the Apex Court in Inder Mohan Goswami v. State of Uttaranchal, 2007 12 SCC 1.

(3.) He wants that the cognizance order should not be quashed but at least the non-bailable warrant may be converted into bailable in a very petty matter.