MOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

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

(2.) A complaint was filed by Shri Manphul Ram before the competent court against the applicant herein and another for commission of offences under Sections 420, 406 & 406 IPC. The learned trial court took the cognizance for the offence under Section 420 IPC against the applicant herein and one Shri Prahlad and summoned them by arrest warrant.

(3.) It is submitted by the learned counsel for the applicant that on the facts and in the circumstances of the case the learned trial court while taking cognizance was not justified in summoning the applicant straight away by arrest warrant. In this regard, the learned counsel has relied upon a decision of the Hon'ble Supreme Court in the matter of Inder Mohan Goswami and Another v. State of Uttaranchal and Others, (2008) 1 SCC (Cri.) 259 .