1 S. B. CRIMINAL MISC. PETITION NO.1137/2008 SIKANDER ALI & OTHERS. V. STATE OF RAJASTHAN & ANR. DATE: 09/09/2008. HON'BLE MR. JUSTICE C. M. TOTLA Mr. P.N.Mohnani, for Petitioner (s). This petition under Section 482, Cr.P.C., seeks quashing of order dated 24.07.2008 as per which, cognizance for the offence of Sections 498-A, 406 & 120-B, IPC, is taken against the petitioners and regular case registered - further petitioners No. 1, 2, 3 & 7 are summoned by the warrants of arrest. Learned counsel for the petitioners contended that after investigation in FIR No.235/2004 for the said allegations, a final report was submitted – thereunder then, on protest application, witnesses examined under Sections 200 & 202, Cr.P.C., and cognizance taken on 24.07.2008, without considering all the facts and result of investigation. Contended that cognizance is beyond the period of limitation and that few persons are summoned by bailable warrants while for few is warrant of arrest. For all, only bailable warrants ought to be. Considered and perused order of the learned Magistrate. From the order itself, it is apparent that cognizance is taken after inquiry under Section 202, Cr.P.C., and on the basis of statements and other relevant material, so it cannot be said that on the face of it, there is no sufficient material for taking cognizance. Regarding warrants of arrest, as negative report FR was submitted 2 – cognizance taken only on July 24th, 2008, so it is directed that for applicants No. 1, 2, 3 & 7 also, a bailable warrant of Rs.2,000/- may be issued. However, it is directed that if above applicants No. 1, 2, 3 & 7 do not appear before the concerned Court by next date of hearing or by December 1st, 2008, whichever is latter, the learned Magistrate shall be at liberty to procure their attendance as he deems fit and proper as per provisions of law. The petition stands disposed of. (C. M. TOTLA), J. scd