LAXMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned Public Prosecutor for the State.

(2.) Counsel for the petitioners submitted that the accused petitioners have been arrested on 31.5.2007 at 4.20 P.M. while the F.I.R. in these cases has been registered on 1.6.2007 at 12.30 A.M. in the night and there is no allegation that the accused petitioners had participated in putting the vehicles on fire or causing injuries to any member of the police force and they have been arrested on the apprehension of breach of peace and they are likely to commit cognizable offence, hence, their case is distinguishable with those who actually participated in the crime by forming unlawful assembly during the Gurgar Agitation regarding reservation which was wide spread in the State.

(3.) Learned counsel has also placed before this Court the papers and copy of the complaint prepared by the Police pertaining to proceedings under Sections 107/116 and 151 Crimial P.C.