1. - The petitioners have challenged the order dated 06.12.2012 passed by the learned Special Judge, SC/ST Prevention of Atrocities Cases, Jhalawar, whereby the application moved by them under Section 70 (2) Cr.P.C., has been dismissed.

2. Mr. A.K. Gupta, the learned counsel for the petitioners, has pleaded that the petitioners were not arrayed as accused by the Police when it submitted the charge-sheet against the other co-accused persons. It was after the testimonies of PW-4 Ram Singh, PW-5 Hitesh Kumar, PW-10 Abdul Rahim and PW-13 Amit Meena were recorded that the prosecution filed an application under Section 319 Cr.P.C. By order dated 17.11.2012, the learned trial Court had took cognizance against the petitioners and issued non-bailable warrants of arrest against them. Since, the petitioners were aggrieved by the said order, they filed an application under Section 70 (2) Cr.P.C. for converting the non-bailable warrants into bailable one. However, by order dated 06.12.2012 the learned Judge dismissed the said application. Hence, the petition before this Court.

3. Relying on the case of Inder Mohan Goswami and another v. State of Uttaranchal and Others [(2007) 12 SCC 1] ,