BANWARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present misc. petition under Sec. 482 Cr.P.C. has been filed by the petitioner against the order dtd. 4/5/2023 passed by the learned Magistrate, Nohar, District Hanumangarh by which the learned Magistrate took cognizance against the petitioner for offence under Sec. 467, 409 in the alternative Sec. 420 & 120B IPC and issued warrant of arrest against the petitioner.

(2.) Counsel for the petitioner submits that the police after thorough investigation had filed a negative FR that no case is made out against the petitioner. However, upon filing protest petition by the complainant, the learned Magistrate took cognizance of the offence and issued warrant of arrest. It is argued that the learned Magistrate has not applied his mind and there was no reason to discard or disbelieve the finding reached by the police. Moreover, when the petitioner applied for the certified copy of the order dtd. 4/5/2023 along with statement of witensses, copy of protest petition, statement under Sec. 161 Cr.P.C, the same was refused by the court below and a condition was put by the Judicial Magistrate to the effect that the accused may inspect and apply for certified copies only after he comes in the custody. Therefore, the petitioner could not file certified copy of the order dtd. 4/5/2023 along with the present petition and the misc. petition has been listed in the Defect category. It is therefore, prayed that the impugned order dtd. 23/5/2023 may kindly be quashed and set aside. It is further prayed that since the police had earlier filed FR in this case and the petitioner is ready to appear before the court below, therefore, the warrant of arrest issued by the Judicial Magistrate, Nohar vide order dtd. 4/5/2023 may kindly be converted into bailable warrant.

(3.) Learned Public Prosecutor opposed the prayer made by the petitioner, however, he concedes that the condition imposed by the Judicial Magistrate for issuance of certified copy of the order dtd. 4/5/2023 so also the statements and copy of protest petition, is not sustainable.