Narendra Kumar Jain -II, J. - (1.) ACCUSED -petitioners have filed this criminal misc. petition under Section 482 Cr.P.C., challenging the order dated 23.07.2013 passed by Judicial Magistrate, First Class, Shahpura, District Jaipur (hereinafter referred to as 'the Trial Court') in Criminal Case No. 420/2012 (182/2009) (State Vs. Rajaram & Another) pending for offence under Section 420, 406, 120B IPC, whereby the learned Trial Court dismissed the application filed under Section 70(2) Cr.P.C. by the accused -petitioners for converting the arrest warrants into bailable warrants. Brief facts of case are that the Respondent No. 2 -complainant filed a private complaint on 19.03.2008 before the court concerned against the accused -petitioners for the offences under Sections 419, 420, 468, 467, 471, 465, 406, 120B IPC and on the basis of the complaint, FIR No. 224/2008 was registered at Police Station Shahpura, District Jaipur against the accused -petitioners. The police started investigation in the matter and after completion of investigation proposed F.R. in the matter with the observation that the matter is of civil nature. Feeling aggrieved with the F.R., the complainant -Respondent No. 2 moved protest application before the concerned court and the learned court after recording the statements under the provisions under Sections 200 and 202 Cr.P.C. took cognizance against the accused -petitioners for the offences under Sections 420, 406, 120B IPC and also issued warrants of arrest against the petitioners vide order dated 09.04.2009. Feeling aggrieved with the order dated 09.04.2009, the accused -petitioners preferred revision petition before the Additional Sessions Judge, Shahpura, District Jaipur (hereinafter referred to as 'the Revisional Court'), but the learned Revisional Court dismissed the revision petition vide order dated 16.03.2012. Thereafter, the accused -petitioner preferred S.B. Criminal Misc. Petition No. 1217/2012 before this Court and this Court vide order dated 17.07.2012 set aside the order dated 16.03.2012 and remanded the matter back to the Revisional Court to decide the matter afresh. Learned Revisional Court after hearing both the parties, again dismissed the revision petition vide order dated 20.06.2013. The accused -petitioners subsequently submitted application under Section 70(2) Cr.P.C. for converting warrants of arrest into bailable warrants before the learned Trial Court, but the learned Trial Court vide order dated 23.07.2013 dismissed the application filed by the petitioners under Section 70(2) Cr.P.C. In arriving at its conclusion, the learned Trial Court in the impugned order dated 23.07.2013 observed as under:
(2.) BEING aggrieved by the impugned order dated 23.07.2013 passed by the learned Trial Court, this petition under Section 482 Cr.P.C. has been filed by the petitioners. Heard learned counsel for the accused -petitioners as well as learned public prosecutor appearing on behalf of the Respondent No. 1 -State and perused the relevant papers placed on record.
(3.) LEARNED counsel for the petitioners submitted that impugned order passed by the Trial Court is illegal, perverse, contrary to the facts and circumstances of the case and hence deserves to be set aside. Learned trial court has observed that in cognizance order directly non -bailable warrant need not be issued. During the course of arguments learned counsel for the petitioners submitted that petitioners are ready to appear before the learned Trial Court, therefore, he prayed that the arrest warrants issued against the petitioners may be converted into bailable warrants.;