HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5571/2021
1. Mangal Singh S/o Jaswant Singh, Aged About 22 Years, R/o Koni Police Station Hindumalkot District Sri Ganganagar.
2. Sukhdev Singh @ Peetu S/o Jaswant Singh, Aged About 22 Years, R/o Koni Police Station Hindumalkot Dist. Sri Ganganagar.
----Petitioners Versus
1. State Of Rajasthan, Through Pp
2. Laddu Ram S/o Sh. Makhan Singh @ Mahendra Singh Bavari, Aged About 42 Years, R/o Ward No. 1, Koni Police Station Hindumalkot Dist. Sri Ganganagar.
----Respondents For Petitioner(s) : Mr. Rakesh Matoria For Respondent(s) : Mr. M.S. Bhati, PP HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 09/11/2021 The present petition has been filed against the order dated 23.03.2021 passed by learned Special Judge, POCSO Act Cases No.2, Sri Ganganagar in Sessions Case No.186/2021 whereby, the application under Section 319 Cr.P.C. filed by respondent No.2 was allowed and the petitioners were summoned through the arrest warrant.
Heard.
Learned counsel for the petitioners submits that the police, after investigation, has not found enough material to proceed against the petitioners and, therefore, the petitioners were not (Downloaded on 10/11/2021 at 08:22:53 PM) (2 of 2) [CRLMP-5571/2021] charge-sheeted. He further submits that the petitioners are the permanent resident of Sri Ganganagar and they will appear before the trial court on the date fixed, therefore, summoning the petitioners through arrest warrant is not required in the light of the judgment of Hon'ble the Supreme Court in the case of Inder Mohan Goswami and Anr. V. State of Uttaranchal and Ors. reported in AIR 2008 SC 251.
I have considered the submissions made at the Bar and have gone through the order dated 23.03.2021.
Considering the fact that the petitioners are ready and willing to appear before the Court on the date fixed and taking into consideration the judgment of Hon'ble the Supreme Court in the case of Inder Mohan Goswami (supra), the present misc. petition is disposed of with a direction to the petitioners to appear before the trial court on the date fixed and the order dated 23.03.2021 is modified to the extent that the petitioners shall be summoned through a bailable warrant instead of arrest warrant.
The petitioners shall appear before the court below in pursuance of the order dated 23.03.2021 and the learned trial court thereafter shall deal with the matter in accordance with law. If the petitioners fail to appear on the date fixed by the trial court, the order of warrant of arrest shall be revived.
(VINIT KUMAR MATHUR),J 61-/Vivek/-
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