FOOL CHAND LUHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A complaint was filed by respondent No. 2 against the petitioner before the Judicial Magistrate, 1st Class Chhipa Barod, District Baran under Sections 323, 504, 392/34 I.P.C. and under Section 3 of the SC/ST (Prevention of Atrocities) Act. The Judicial Magistrate after recording the statement of the complainant and his witnesses under Sections 200 and 202 Cr.P.C. vide order dated 21.11.2005 took cognizance against three accused persons including the petitioner and summoned all the three accused persons through arrest warrant. The petitioner through his counsel moved an application before the Judicial Magistrate for converting the arrest warrant into bailable warrant. This application has been rejected by the Judicial Magistrate vide order dated 17.11.2008. Feeling aggrieved of the order summoning the petitioner through arrest warrant, the petitioner has filed the instant petition under Section 482 Cr.P.C. with the prayer that the arrest warrant issued under Section 70 Cr.P.C. be converted into bailable warrant.

(2.) Heard the learned counsel for the petitioner and learned Public Prosecutor and perused the impugned orders.

(3.) Learned counsel for the petitioner has submitted that a private complaint was lodged against the petitioner but if the nature and gravity of the allegations levelled against the accused persons including the petitioner are taken into consideration they are not such that he should be summoned through arrest warrant. The accused persons are police officers. Therefore, it is a fit case for converting the arrest warrants into bailable warrants. In support of his submissions learned counsel for the petitioner has placed reliance on the judgment of the Apex Court in the case of Inder Mohan Goswami and another v. State of Uttaranchal and Ors., (2007) 12 SCC 1.