Disposed

Thaker Singh S/O Shri Gurumukh Singh B/C Raisikh v. State of Rajasthan

Rajasthan HC11 Jul 2018CRLMP/2705/2018

Case brief

AI extract

What is this about?

In an S.B. Criminal Miscellaneous petition under Section 482 Cr.P.C., the High Court of Rajasthan converted arrest warrants into bailable warrants for petitioners summoned to trial despite a negative final report submitted by the investigating agency, relying on precedents regarding issuance of arrest warrants.

What did the court decide?

Arrest warrants issued against petitioners were converted into bailable warrants.

Thaker Singh S/O Shri Gurumukh Singh B/C Raisikh Vs State… — Bail and Remand | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 2705/2018

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Thaker Singh S/o Shri Gurumukh Singh

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Avtar Singh S/o Shri Gurumukh Singh

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Gurmeet Singh S/o Shri Gurumukh Singh All by caste Raisikh R/o Village Aalampur, Tehseel, Ramgarh, District Alwar (Rajasthan)

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Hakam Singh S/o Shri Sher Singh B/c Sikh , R/o Village Kharkhari Tehseel Ramgarh, District Alwar, Raj.

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----Petitioners Versus

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State Of Rajasthan Through Pp.

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Dulla Singh S/o Shri Gurumukhsingh B/c Raisikh,

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Jeet Singh S/o Shri Gurumukh Singh Both by caste R/o Village Alampur Tehseel Ramgarh Distt. Alwar Presently Village Patrewala Tehseel Fajilka Distt. Firojpur Panjab Basant Kumar Awasthi S/o Govind Prasad B/c Brahmin R/o Village Javli Tehseel Laxmangarh Alwar (Raj.)

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----Respondents For Petitioner(s) : Mr. Manish Gupta For Respondent(s) : Mr. Prakash Thakuriya PP

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HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Order

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11/07/2018

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The present petition has been filed under Section 482 Cr.P.C. to assail the order of cognizance dated 21.11.2011 passed by Civil Judge (JD) & Judicial Magistrate, Ramgarh, Alwar, whereby the petitioners in a Final Report submitted in negative form have

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(2 of 3)

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[CRLMP-2705/2018]

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been summoned to stand trial, after the trial court took the cognizance of the offences. It is further prayed that the order dated 8.2.2018 passed by the revisional court below be also set aside.

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The learned counsel for the petitioners has contended that the dispute inter se between the parties that whether the petitioner nos. 1 to 3 are sons of Gurumukh Singh or they are sons of Bhagwan Singh.

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The learned counsel for the petitioners has contended that thorough investigation was conducted and the investigating agency submitted Final Report in negative form absolving the petitioners of the offences. The learned counsel for the petitioners has contended that the trial court by following procedure under Chapter L of the Cr.P.C. treating the Final Report submitted in negative form as complaint summoned the petitioners to stand trial.

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The learned counsel for the petitioners during the course of arguments has submitted that liberty be granted to the petitioners to raise all arguments available to them before the trial court at appropriate stage. Learned counsel has further prayed that liberty be also granted to the petitioners to pray for discharge as Civil Court has given a finding in their favour. The learned counsel for the petitioners has further submitted that the trial court has committed error to summon the petitioners by issuing arrest warrants. The learned counsel for the petitioners has prayed that the arrest warrants issued against the petitioners be converted as bailable warrants.

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In support of his contention, the learned counsel for the petitioners has relied upon Inder Mohan Goswami & Anr. vs.

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(3 of 3)

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[CRLMP-2705/2018]

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State of Uttaranchal & Ors., reported in 2008 Cr.L.R. (SC) 574 to contend that the trial court at first instance should not issue arrest warrant against the petitioners. The learned counsel for the petitioners has further placed reliance upon the judgment rendered by Division Bench of this Court in case of Manohar Lal Saini & Ors. vs. State of Rajasthan, 2016 (1) CJ (Cri.) Rajasthan 289 to contend that this Court has held that in case accused is summoned as an additional accused by invoking provisions of Section 319 Cr.P.C., the court summoning the accused under Section 319 Cr.P.C. should not issue arrest warrants.

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The learned counsel for the petitioners has contended that even in a complaint case, especially when report of investigation has been submitted in negative form, accused should not be summoned by issuing arrest warrants.

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In find merit in the above submission made by the learned counsel for the petitioners. Hence, arrest warrants issued against the petitioners are converted as bailable warrants.

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(KANWALJIT SINGH AHLUWALIA),J

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Mak/-

Thaker Singh S/O Shri Gurumukh Singh B/C Raisikh v. State of Rajasthan

Case brief

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Thaker Singh S/O Shri Gurumukh Singh B/C Raisikh v. State of Rajasthan

Case brief

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