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2017 Supreme(Raj) 53
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MAHESH CHANDRA SHARMA, J.
Smt. Rajani W/o Shri Goverdhan Singh - Petitioner
Versus
State of Rajasthan through Public Prosecutor & Ors. - Respondents
S.B. Criminal Miscellaneous (Petition) No. 4423 of 2015
Decided On : 06-01-2017
For the Petitioner: Mr. Anil Kumar Sharma.
For the Respondent: Mr. N.S. Shekhawat, P.P. for State.
The court has the discretion to convert non-bailable warrants into bailable warrants under section 482 of the Criminal Procedure Code.
Headnote:
Section 482 Cr.P.C. - Criminal Procedure Code - Conversion of non-bailable warrants to bailable warrants
Fact of the Case:
The petitioner filed a petition under section 482 Cr.P.C. against the order of the trial court, which had taken cognizance against the petitioner for offences under section 147, 323 IPC, and section 3 (1) (x) SC/ST Act, and issued non-bailable warrants.
Finding of the Court:
The court found the submissions made by the petitioner's counsel to be genuine and disposed of the petition in view of the counsel's submissions.
Issues: The issues involved the conversion of non-bailable warrants to bailable warrants and the petitioner's request to raise objections at the stage of charge arguments.
Ratio Decidendi: The court considered the genuineness of the petitioner's submissions and disposed of the petition accordingly.
Final Decision: The petition was disposed of, and the stay application was also disposed of as a result.
1. This criminal misc. petition has been filed under section 482 Cr.P.C. against the order dated 30.01.2015 passed by the Additional Civil Judge (J.D.) and Metropolitan Magistrate No. 3, Jaipur.
2. Learned counsel for the petitioner has contended that after investigation, the police submitted negative final report before the Court concerned. Counsel submitted that the complainant filed a protest petition and after recording the statement of the complainant and witnesses under sections 200 and 202 Cr.P.C., the learned trial court took cognizance against the petitioner for the offence under section 147, 323 IPC and section 3 (1) (x) SC/ST Act and non-bailable warrant has been issued against the petitioner. Counsel has further submitted that the petitioner is ready to surrender before the court concerned. Therefore non-bailable warrants issued against the petitioner be converted into bailable warrants. Counsel has further submitted that the petitioner be permitted to raise all such objections which he has raised through this petition at the stage of charge arguments and the trial court be directed to decide such objections first.
3. Learned public prosecutor has opposed the same.
4. I have the learned counsel for the respective parties and perused the relevant material on record.
5. The aforesaid submissions made by the learned counsel for the petitioner seem to be genuine.
6. The instant petition is disposed of in view of the submissions made by the counsel for the petitioner. Since the main petition has been disposed of, the stay application also stands disposed of.
