1. Heard learned counsel for the petitioner as also learned Public Prosecutor.

2. Counsel Mr. Kamal Kant Sharma puts up appears for the complainant Harphool.

3. This miscellaneous petition has been preferred under Section 482 CrPC to quash and set aside the order dated 15.12.2007 whereby learned trial Court rejected the application filed under Section 70(2) CrPC for converting the non-bailable warrant non bailable warrant qua the accused-petitioner.

4. Learned counsel for the petitioner submits that after investigation charge-sheet came to be filed against the accused Govind @ Raju. The petitioner was not arrayed as an accused in the same. Cognizance was taken by the trial Court on 19.8.2017 on the basis of the charge-sheet, against Govind @ Raju only. Application for taking cognizance against other persons also was filed on behalf of the complainant whereupon cognizance was taken against petitioner Jagdish for the offences under Sections 366 and 376/109 IPC and he was ordered to be called by way of arrest warrant. The application filed under Section 70(2) CrPC on behalf of the petitioner was rejected vide order dated 15.12.2017. Learned counsel for the petitioner submits that