PAPPU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this criminal miscellaneous petition, the petitioners have challenged the order dtd. 6/10/2023, passed by learned Chief Judicial Magistrate, Dholpur, whereby he took cognizance against the petitioners for an offence under Sec. 302/34 IPC and summoned them through warrant of arrest in Criminal Compliant (Protest) No. 2605/2023 arising out of FIR No. 315/2021 registered at Police Station Kotwali, District Dholpur for an offence under Sec. 302/34 IPC.

(2.) Learned Counsel for the petitioners submits that he is not pressing this petition to the extent of cognizance taken against the petitioners and he would be satisfied if the petitioners are summoned through bailable warrants instead of non-bailable warrants/arrest warrant.

(3.) Learned Counsel submits that the petitioners may be allowed to raise all the objections, taken in this petition, at the stage of charge. He further submits that at the first instance, the petitioners should not be summoned through warrant of arrest, particularly when, negative final report has been submitted by the police.