1. - Instant petition U/s. 482 Cr.PC. has been filed by accused against order dated 06.11.07 whereby Addl. Chief Judi. Mag. Kishangarh Bas (Alwar) took cognizance of offences U/Ss. 457 & 380, IPC on protest petition against petitioners summoned them through arrest warrants-against which Cr. Rev.-49/07 was preferred but was dismissed by Addl. Sess. Judge Kishangarh Bas No. 1, Alwar vide order dated 21.12.07.

2. Complainant (respondent No. 2) Sher Singh who happens to be real brother of petitioners and is residing nearby, initially filed criminal complaint on which FIR was registered for offences U/s. 457 & 380, IPC and after investigation the police filed negative final report; at this stage complainant filed protest petition, on which his statement & of his witnesses U/s. 202 Cr.RC. were recorded-taking note whereof, learned trial Magistrate took cognizance against them and summoned them by non-bailable warrants.

3. Counsel for petitioner has tried to convince this Court on merits that the order taking cognizance against petitioner on protest petition is not legally sustainable but later on, prays for conversion of arrest warrants into bailable warrant particularly in the fa