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Case Title: HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Case No.: S.B. Criminal Misc(Pet.) No. 4040/2023

Decided on: 24/07/2023

Coram: HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Facts of the case:

The petitioner submits that the police after thorough investigation had filed a negative FR (Final Report) that no case is made out against the petitioner. However, upon filing protest petition by the complainant, the learned Magistrate took cognizance of the offence and issued warrant of arrest. It is argued that the learned Magistrate has not applied his mind and there was no reason to discard or disbelieve the finding reached by the police.

The petitioner applied for the certified copy of the order dated 04.05.2023 alongwith statement of witensses, copy of protest petition, statement under Section 161 Cr.P.C, the same was refused by the court below and a condition was put by the Judicial Magistrate to the effect that the accused may inspect and apply for certified copies only after he comes in the custody.

The petitioner could not file certified copy of the order dated 04.05.2023 alongwith the present petition and the misc. petition has been listed in the Defect category. It is therefore, prayed that the impugned order dated 23.05.2023 may kindly be quashed and set aside.

It is further prayed that since the police had earlier filed FR in this case and the petitioner is ready to appear before the court below, therefore, the warrant of arrest issued by the Judicial Magistrate, Nohar vide order dated 04.05.2023 may kindly be converted into bailable warrant.

 

Judgement:

The Court is not inclined to interfere in the order of cognizance, however, since in this case, the police had earlier filed FR and thereafter, the court below has taken cognizance against the petitioner but straightaway issued warrant of arrest, therefore, in the interest of justice, the warrant of arrest so issued against the petitioner is converted into bailable warrant of Rs. 30,000/-. The petitioner is directed to appear before the court below within a period of 15 days and submit the bail bonds. Upon furnishing bail bonds, the trial court is directed to release the petitioner on bail. However, if the petitioner fails to appear before the court below within the stipulated period, then arrest warrant may be issued against the petitioner. With these observations, the misc. petition is disposed of. Stay petition also stands disposed of.

The matter is listed again on August 22.

Analysis:

The Rajasthan High Court has sought an explanation from a Judicial Magistrate for denying to an accused the certified copy of an order, by which it had taken cognizance for offences under Sections 467, 409 in the alternative Sections 420 and 120B of IPC against him and also issued an arrest warrant against him. The Magistrate had put a condition that the accused may inspect and apply for certified copies only after he comes in the custody.

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Written by: Mahima Saini