Rajasthan High Court - Jaipur
Ghadsi Ram And Anr vs State Of Rajasthan Through P.P. And Anr on 29 October, 2010
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Petition No.2013/2010 Ghadsi Ram and Smt. Nanchi Devi Vs. State of Rajasthan through the Public Prosecutor and Another Date of Order ::: 29.10.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Ram Rakh Sharma, Counsel for petitioners Shri N.R. Saran, Public Prosecutor #### By the Court:-
After making some arguments, learned counsel for petitioners confined his prayer that in view of nature of allegations, offence can hardly travel beyond scope of Section 323 IPC, particularly when cognizance was taken on protest petition filed by complainant, because earlier police had submitted final report. In those facts learned trial court was wholly unjustified in summoning petitioners by arrest warrant. Revisional court also failed to appreciate that aspect of the matter.
Learned Public Prosecutor opposed the petition.
Having regard to fact that originally police had filed final report and petitioners have been arrested one month after the date of incident, arrest warrants issued against petitioners are converted into bailable warrants; they are directed to appear before trial court to submit such bail bonds and sureties as directed by said court in its discretion.
Petition stands disposed of accordingly.
(Mohammad Rafiq) J.
//Jaiman//