GOVERDHAN BARDHAR
Vijesh Kumar @ Vijay Purohit – Appellant
Versus
State, Through P P – Respondent
JUDGMENT
Goverdhan Bardhar, J. - Heard.
2. The defects pointed out by the Office are waived at this stage.
3. Learned counsel for the petitioner submits that vide order dated 07.01.2019, learned Special Judge, POCSO Act Cases, Jalore has taken cognizance against the petitioner for offence under Sections 363, 366, 376(D) IPC and Section 3/4, 5(i)/6 of POCSO Act and ordered for issuing warrant of arrest against the accused persons.
4. Learned counsel for the petitioner submits at the outset that he has limited prayer that issuance of arrest warrant for securing presence of the petitioner may be converted to bailable warrant while resorting to sub-sec.(2) of Sec.70 CrPC. In support of his submission, learned counsel relied on judgment in the case of Vivek @ Pappu Jat & another Vs State of Rajasthan, 2018 11 CrLR 259.
5. Per contra, learned Public Prosecutor opposed the prayer and submitted that looking to seriousness of the offence, the trial court has passed the order for summoning presence of the accused-petitioner by warrant of arrest.
6. Perused the impugned order passed by the trial court.
7. In the case of Vivek @ Pappu Jat (supra), the coordinate Bench of this Court observed as follow
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