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Hakam & Anr. vs. State of Rajasthan & Ors.

46.00 4.60

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Code of Criminal Procedure, 1973–Secs. 70 & 319–Penal Code, 1860–Secs. 363, 366A, 506 & 376D–Protection of Children from Sexual Offences Act, 2012–Secs. 5/6–While exercising the powers u/s. 319, Court below issued the warrant of arrest at the first instance–Assuming if the Court issues “summons” for the appearance of the accused u/s. 319, it would not be denuded of the powers to detain the person appearing on summon for the purpose of inquiry
or trial–Therefore, issuance of the warrant of arrest at the first instance is not going to make any difference–Court below considered the need of issuance of non-bailable warrants at the first instance–View taken by the Court below cannot be held unreasonable.