1 S.B. CRIMINAL MISC. PETITION NO.1092/2010. Gangaram Vs. State of Rajasthan & anr. Date of order : 23rd July, 2010. HON'BLE MR.JUSTICE S.P. PATHAK Mr. S.K. Gupta for the petitioner. Mr. G.S. Fauzdar PP for the State. By this petition filed under section 482 Cr.P.C., prayer has been made to quash the order taking cognizance against the petitioner under section 302/34 IPC along with one co-accused Brij Lal. I do not find a reason to admit this petition and to keep it pending for the simple reason that the learned counsel at the very beginning submitted that he only wants in this case the relief that as co-accused Brij Lal has been summoned through bailable warrnat, he should also be treated in the same manner. It has been the contention of the learned counsel for the petitioner that FIR No.29/1993 was registered in the police station Mandrayal district Karauli for the offence under section 302 and 120B IPC and after investigation, final report was given and thereafter on protest petition cognizance was taken. It is also contended that the matter came to this court and the same 2 was remitted back and after 17 years cognizance has been taken and warrant of arrest has been issued against the petitioner and the co-accused in the case has been summoned through bailable warrant, therefore, he also requires to be summoned through bailable warrant. Learned public prosecutor contends that in a case under section 302 IPC, the learned Magistrate has rightly summoned the accused-petitioner through warrant of arrest. I have considered the submissions made before me. In the instant case, it is not necessary to comment upon the merits of the case. It is suffice to say that after investigation the police filed negative final report and the matter came up to this court and the case was remitted back after quashing the order of cognizance and now after 17 years cognizance in the matter has been taken by the learned Magistrate, First Class, Karauli on 4.3.2010 against the accused petitioner as well as co-accused Brij Lal. In the similar circumstance, Brij Lal has been summoned through bailalbe warrant, therefore, I deem it proper to allow this misc. petition partly to the extent that while maintaining the order taking cognizance against the accused-petitioner under section 302 and 120B IPC the accused be summoned through bailable 3 warrant by the learned Magistrate. The warrant of arrest issued against the accused-petitioner stands converted into that of bailable warrant. The accused pettioner shall appear before the learned Magistrate on 30.7.2010. Upon moving application by the petitioner for grant of bail, the learned Magistrate shall consider and decide the same on the very same day. The misc. petition is allowed with the above observations. (S.P. PATHAK), J. bblm