S.B. CRIMINAL MISC. PETITION NO. 1592/2008 Date : 16.12.2008 HON'BLE MR. C.M. TOTLA, J. Mr. R.K. Charan for the petitioner. Mr. V.R. Mehta, P.P. = = = = For petitioners, on negative police report submitted for FIR No. 139/05 P.W. Rawatsar, learned Magistrate vide order dated 23.10.08 taking cognizance for the offences of Section 420 IPC and Section 3 SC/ST act, registered case against the petitioners and warrant of arrest issued for petitioners. Aggrieved of the above order is the instant petition. Learned counsel for the petitioners submitted that as petitioners have opportunity to put their case in course of trial at early stage, so as far as quashing of cognizance is concerned, the petitioners do not press the petition. Learned counsel for the petitioners argued that petitioners are summoned by warrant of arrest which is not as per law and in any case no particular reason for issuing warrant of arrest, so the summons, or bailable warrant be directed. Learned counsel submitted that in absence of any particular reason or except for severe offence, normally warrant of arrest are not to be issued at the very first instance. Learned Public Prosecutor submitted that in the instant case, cognizance is just taken and not much time has elapsed since taking cognizance so appropriate directions ensuring presence may be. Considered arguments and perused the impugned order dated 23.10.08. From the order, it is apparent that police after investigation submitted negative FR. Proceeding on protest application, cognizance is taken. Alleged offence and factual aspects too are mentioned in the order. Considering all these, in the totality of circumstances and for limited purpose of securing presence in the court, warrant of arrest are converted into bailable one. Accordingly, disposing of the petition, it is directed that petitioners, if they so like, may appear before the concerned Court on or before January 15th, 2009. Petitioners if appear before the concerned Court in early court hours, their application (if any) shall be disposed of by learned Magistrate on the same day assuming that petitioners are present in compliance of warrant. Till January 15th, 2009 warrant of arrest, if issued may be executed as bailable one for a sum of Rs. 2000/-. This order shall cease on 15.01.2009. . (C.M. TOTLA), J.