1. - Aggrieved by the order dated 4.1.2011 passed by the Addl. Sessions Judge (Fast Track) No. 1, Jodhpur, whereby the learned Judge has issued process against the petitioner under Section 319, Cr.P.C. and has issued non-bailable warrants of arrest against the petitioners, the petitioners have approached this Court.

2. Mr. M.K. Garg, learned counsel for the petitioners has relied upon the case of Inder Mohan Goswami & Anr. v. State of Uttranchal & Ors., AIR 2008 SC 251 in order to contend that at the first instance summons should have been issued or at worst bailable warrants should have been issued. He has further given an undertaking that the petitioners shall appear before the learned trial Court on 11.7.2011 and till then the non-bailable warrants of arrest should not be executed.

3. The learned Public Prosecutor has conceded and in the opinion of this Court, rightly so, that in the first instance summons should have been issued or at the worst bailable warrants should have been issued.

4. In the case of Inder Mohan Goszvanti (supra) the Hon'ble Supreme Court has observed as under:

"Personal liberty and the interest of the State

Civilised countries have recognised that li