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2019 Supreme(Raj) 267

KANWALJIT SINGH AHLUWALIA
Radhesh Chand Sharma – Appellant
Versus
Shanti Kumar Sharma – Respondent


Advocates Appeared:
For the Appellant :Mahesh Gupta, Advocate
For the Respondent: Singh Mahla, P.P.

JUDGMENT :

Kanwaljit Singh Ahluwalia, J.

1. Instant petition has been preferred under Section 482 Cr.P.C. praying therein that the order dated 3.1.2014 passed by the Court of Additional Chief Judicial Magistrate, Dausa, whereby cognizance of offences punishable under Sections 354 and 509 IPC was taken against the petitioner upon a Final Report submitted in negative form by the Investigating Agency, be set aside. It is further prayed that the order dated 19.12.2018 passed by revisional court below whereby the order of cognizance was affirmed be also set aside.

2. The learned counsel appearing for the petitioner having argued the matter at some length, has made an alternative submission that the arrest warrant issued by the said Court be converted as bailable warrants.

3. Counsel appearing for the petitioner has relied upon the case of Inder Mohan Goswami & Another vs. State of Uttaranchal & Others, reported in A.I.R. 2007 12 SCC 1, to contend that the trial Court at first instance should not have issued warrant of arrest to summon the petitioners, in a case where the Investigating Agency has submitted a Final Report in negative form. Counsel has further relied upon the case of Manohar L





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