Karnail Singh vs State Of Rajasthan
2022 Latest Caselaw 3179 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Criminal Misc Petition No. 340/2022

Budh Ram S/o Ram Pratap Bishnoi, Aged About 77 Years, R/o Ward No. 21, 4C, Raisinghnagar, Tehsil Raisinghnagar, District Sri Ganganagar.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Jarnel Singh S/o Labh Singh, R/o Chak 2 Ps, Tehsil Padampur At Present 33 Friends Bank Colony, Sri Ganganagar.

----Respondents Connected With (2) S.B. Criminal Misc Petition No. 4802/2021

1. Karnail Singh S/o Sh. Labh Singh, Aged About 66 Years, 2 P.s. (Dhani), Tehsil Padampur, Dist. Sriganganagar (Raj.).

2. Gagandeep Singh S/o Sh. Karnail Singh, Aged About 34 Years, 2 P.s. (Dhani), Tehsil Padampur, Dist. Sriganganagar (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Sh. Jarnail Singh S/o Sh. Labh Singh, Aged About 61 Years, 2 P.s., Padampur, At Present R/o 33, Friends Bank Colony, Sriganganagar (Raj.).

3. Narendrapal Singh S/o Sh. Kulwant Singh, Aged About 34 Years, 3 P.s. Tehsil Raisinghnagar, Dist. Sriganganagar.

4. Devendrajeet Singh S/o Sh. Jaswant Singh, Aged About 34 Years, 2 P.s. (Dhani), Tehsil Padampur, Dist. Sriganganagar (Raj.).

5. Jaswant Singh S/o Sh. Labh Singh, Aged About 65 Years, 2 P.s. (Dhani), Tehsil Padampur, Dist. Sriganganagar (Raj.). (Deseased).

6. Kishanlal S/o Sh. Badlu Ram, W.no. 18, Raisinghnagar, Stamp Distributor, Kachahari, Raisinghnagar.

7. Meetpal Singh S/o Sh. Bhanwarlal, Raisinghnagar, Presently Working As Typist, Kachahari, Raisinghnagar.

(2 of 4) [CRLMP-340/2022]

8. Buddhram S/o Sh. Rampratap Bishnoi, W.no. 21 4 C, Raisinghnagar, Advocate And Notary Public, Raisinghnagar, Dist. Sriganganagar.

9. Swarnjeet Singh S/o Sh. Labh Singh, Aged About 46 Years, 2 P.s. (Dhani), Tehsil Padampur, Dist. Sriganganagar (Raj.).

----Respondents

For Petitioner(s) : Mr. Vikas Balia, Sr. Advocate assisted by Ms. Madhu Khatri Mr. S. R. Godara For Respondent(s) : Mr. A. R. Choudhary, P. P.

Mr. Aidan Choudhary for Mr. Muktesh Maheshwari

JUSTICE DINESH MEHTA Order 02/03/2022

1. By way of the present petitions filed under Section 482 of

Cr.P.C., the petitioners have assailed the order dated 24.08.2021,

passed by Additional Chief Judicial Magistrate, Padampur, Sri

Ganganagar (hereinafter referred to as the 'trial Court') whereby

cognizance has been taken against the petitioners for offences

under Sections 255, 420, 464, 468, 471, 474 and 120-B IPC and

they have been called to appear by way of issuing arrest warrant.

2. Mr. Choudhary, learned Public Prosecutor raised a preliminary

objection that against the impugned order taking cognizance, the

petitioners have directly approached this Court without first

availing remedy under Section 397 of the Code of Criminal

Procedure and prayed that the petitioners be asked to avail

remedy of revision in accordance with law.

4. At this juncture, Mr. Balia, leaned Senior Counsel appearing

for the petitioners submitted that the impugned order not only

suffers from apparent illegality but also from a fundamental lacuna

(3 of 4) [CRLMP-340/2022]

inasmuch as the trial Court has issued arrest warrant to the

petitioners without resorting to normal provisions of Section 204

Cr.P.C.

5. Having regard to the facts and circumstances of the case,

this Court is of the firm view that the trial Court was not justified

in issuing arrest warrant to the petitioners. Such approach is not

only against the spirit of provisions of Section 204 of the Code of

Criminal Procedure but also against the judgments rendered by

Hon'ble the Supreme Court and by this Court. [Re (2007) 12 SCC

Page 1 : Inder Mohan Goswami Vs. State of Uttranchal]

6. Though not inclined to interfere in this case, so far as taking

of cognizance is concerned, this Court feels that petitioners are

entitled to a limited indulgence, that the arrest warrants issued

against them deserve to be converted to summons.

7. Hence, the criminal misc. petitions are disposed of with a

direction to the petitioners to file revision petition under Section

397 Cr.P.C. against the order dated 24.08.2021 on or before

31.03.2022.

8. The petitioners shall appear before the trial Court on the

next date of hearing or by 25.03.2022, whichever is later.

9. In case the petitioners file revision petition along with the

stay application, the Revisional Court shall decide the same in

accordance with law taking into account the period lapsed during

pendency of present petitions under Section 482 Cr.P.C., which

were filed on 17.01.2022 and 04.09.2021 respectively.

10. Stay applications are also disposed of accordingly.

(DINESH MEHTA),J 21-A.Arora/-

                                                       (4 of 4)                 [CRLMP-340/2022]









Powered by TCPDF (www.tcpdf.org)