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2017 Supreme(Raj) 2344

PUSHPENDRA SINGH BHATI
VIVEK @ PAPPU – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
For the Appellant :Vikas Bijarnia, Advocate.
For the Respondent: V.S. Rajpurohit, PP

JUDGMENT :

Pushpendra Singh Bhati, J.

Accused-petitioners have laid this misc. petition under Section 482 Cr.P.C., 1973 to assail impugned order dated 16.05.2016 and 22.02.2017 passed by Judicial Magistrate, Pipar in criminal case No.937/2011.

2. By the order impugned, learned trial Court declined to accept negative final report submitted by investigating agency and proceeded to take cognizance against the petitioners for offences punishable under Section 341, 323, 354 of IPC and section 3(1) (x) SC/ST ACt. After passing the order of cognizance, the learned trial Court has issued non bailable warrant against the accused petitioners for securing their attendance before the Court. The order of cognizance was thereafter assailed by the petitioners by filing revision petition before the learned revisional Court but that effort of petitioners proved abortive and the learned revisional Court dismissed the revision petition.

3. Learned counsel for the petitioners, at the outset, submits that he is craving for limited indulgence of the Court that the arrest warrant issued by learned trial Court may be converted into bailable warrant by resorting to sub-section (2) of Section 70 Cr.P.C., 1973 L







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