- (1.) Heard the learned counsel for the petitioner, the learned counsel for non-petitioners Nos. 2 to 6 and the learned Public Prosecutor appearing for the non-petitioner No. 1. Non-petitioner No. 7 does not appear to have been served, because as per office report, his summon has not been received after service. The learned counsel for the petitoner as well as the learned Public Presecutor submits that it is not necessary to serve notice on non-petitioner No. 7., because the process has not been issued against him by the learned Judicial Magistrate under Section 204 Cr.P.C. and it is well established that unless process has issued under Section 204, Cr.P.C. against any person, he has no right to be represented before a Court. The proviso given in Section 398, Cr.P.C. applies to those persons, who have been discharged of an offence by the Lower Court. This proviso has no application to the cases of those persons, who were neither arrested by the police nor against whom any process were issued by the Court under Section 204, Cr.P.C.
(2.) For the disposal of this petition, it is not necessary to serve notice on the non-petitioner No. 7.
(3.) The facts of the case may be briefly summarised as below :- Smt. Santosh was married wife of Madan Lal s/o Nopa Ram, by caste Nai, resident of Chak 14 KSP, Police Station Hanumangarh. On 14th February, 95 when Smt. Santosh was preparing tea at her Dhani, two ladies, namely, Smt. Jaikori and Smt. Darshna went to her Dhani, Smt. Santosh offered them tea. At that time Smt. Jaikori gave a tablet to Smt. Santosh and asked her to take the same for the purpose of getting relief from headache. Smt. Santosh took the bablet with tea and thereafter she went to the field for the purpose of bringing fodder for the animals. Smt. Jaikori and Smt. Darshana accompanied her. When Smt. Santosh did not return even after a lapse of sufficient time her husband Madanlal send his sister Prema to the field to find out what Smt. Santosh was doing there. Prema went to the field and found that Smt. Santosh was not present. Her sickle and a sheet of cloth were lying there. There were prints of tyres of a jeep and foot prints of some persons. Prema returned to the house and told her brother about the above facts. Madan Lal then conducted a search for Smt. Santosh, but failed to trace her out. On the second day, Madan Lal came to know that Smt. Santosh had been abducted by Krishna, Bhoop, Lalchand, Jaikori and Darshana. A First Information Report was also lodged by Madan Lal at the Police Station on 16th February, 95 at 9.30 a.m. On the next day, Madan Lal received the information that his wife Smt. Santosh was being taken to the Court premises by the accused persons. On receiving this information, Madan Lal and Sahab Ram, both went to the Police Station and gave information and then he went to the Court premises with the police constables. There Smt. Santosh and one Krishna were taken in custody by the police officers. ;