Mangal Singh vs State Of Rajasthan
2021 Latest Caselaw 16651 Raj

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

(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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