RAMESHWAR LAL @ MANOJ KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 22.12.2014 passed by learned Judicial Magistrate, First Class, Jaisalmer (hereinafter referred to as 'the court below') in Criminal Original Case No.907/2014 whereby cognizance has been taken against the petitioner for the offences punishable under Sections 420, 494 and 120-B I.P.C. and summoned the petitioner along with other co-accused persons through arrest warrant.

(2.) Learned counsel for the petitioner has submitted that he does not want to challenge the order of taking cognizance passed by the court below, however, argued that the court below has erred in summoning the petitioner through arrest warrant.

(3.) Learned counsel for the petitioner has placed reliance upon the judgments rendered by the Hon'ble Supreme Court in Inder Mohan Goswami and Anr. v. State of Uttarachal and Ors. reported in 2008(1) WLC (SC) Cri. 34 and in Vikas v. State of Rajasthan reported in 2013 Cr.L.R. (SC) 988 and has argued that the Hon'ble Supreme Court has held in above decisions that for summoning the accused persons for their appearance before the Court, at the first instance, it is not necessary that in every case, accused persons should be summoned through arrest warrants.