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2013 Supreme(Raj) 2095

SANDEEP MEHTA
Gurdeep Kaur – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:B.S. Sandhu, Advocate.
For the Party: A.R. Nikub, Public Prosecutor.

JUDGMENT

1. - The instant misc. petition has been filed by the petitioners challenging the order dated 28.10.2013 passed by the learned Sessions Judge, Hanumangarh in revision whereby, the revisional Court affirmed the order dated 25.9.2013 passed by the learned Judicial Magistrate 1st Class, Hanumangarh rejecting the application filed by the petitioners under Section 70(2) of the Cr.P.C.

2. The matter initiated from the registration of the F.I.R. No. 152/2010 registered at the Police Station Mahila Thana, Hanumangarh. The Police investigated the matter and gave a Final Report. It was mentioned in the Final Report that as per the dying declaration of the deceased Smt. Harpreet Kaur, she caught fire accidentally. The learned Magistrate however disagreed with the Final Report and proceeded to take cognizance against the petitioners and directed them to be summoned through warrant of arrest by the order dated 26.8.2013. The petitioners moved the application under Section 70(2) of the Cr.P.C. for converting the warrant of arrest to bailable warrant. The said application was rejected by the order dated 25.9.2013 and the order has been affirmed by the revisional Court as well.

3. Learned c







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