ABDUL SATTAR & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Against the petitioners a complaint for commission of the offence under Sections 420 and 406 Penal Code was filed by complaint Prem Bai, respondent no.2 herein which was sent to the police for investigation under Sec. 156(3) Crimial P.C. It seems that after investigation, the police submitted a negative final report. The complainant filed a protest petition and the Judicial Magistrate, Ist Class Itawa, Kota after examining the complainant and her witnesses under Sections 200 and 202 Crimial P.C. vide order dated 26.7.2008 took cognizance against the petitioners under Sections 420 and 120-B Penal Code and summoned both the petitioners through warrant of arrest. Feeling aggrieved of the order of the court below taking cognizance and summoning the petitioners through arrest warrant, they have filed the instant petition under Sec. 482 Crimial P.C. with the prayer that the arrest warrants issued under Sec. 70 Crimial P.C. be converted into bailable warrants.

(2.) Heard the learned counsel for the petitioners and learned P.P. and perused the impugned order.

(3.) The only request of the learned counsel for the petitioners is that the arrest warrants so issued be converted into bailable warrants under Sec. 70(2) Crimial P.C. because looking to the nature of the allegations levelled against the petitioners and on the basis of the statement of the complainant, summoning the accused petitioners through arrest warrant at the first instance is not proper as they could have been summoned either by summons or by bailable warrants.