KANHIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner has challenged the order dated 12.8.2004 passed by the Judicial magistrate No.2, Bharatpur whereby he took congnizance against the petitioner for offence under section 376 Penal Code . The petitioner has also challenged the order dated 19.11.2005 passed by the learned special judge Decoit effected area, Bharatpur whereby he upheld the order of Judicial Magistrate dated 12.8.2004.

(2.) The brief facts of the case are that on 16.4.2003, a report was lodged by Smt. Maya at police station Mahila, Bharatpur against the petitioner for offence under section 376 IPC. However, Kafter thorough investigation, the police has submitted a final Report on 30.4.2003. Subsequently the statement of the prosecutrix was examined under section 200 Cr. P.C. The prosecutrix submitted an application before the learned judicial magistrate wherein she clearly stated that she does not wish to press the criminal case against the present accused petitioner Notwithstanding the fact that a negative F.R and application moved by the prosecutrix on 12.8.2004, the learned Judicial magistrate took cognizance against the petitioner for offence under section 376 IPC. He has also issued non bailable warrant of arrest against the present accused petitioner. Hence this petition before us.

(3.) Mr. M.K. Kaushik learned counsel for the petitioner frankly conceded that he does not wish to challenge the cognizance order, but prays for converting non-bailable warrant of arrest into bailable warrant of arrest.