Code of Criminal Procedure, 1973–Secs. 70 & 438–Petition against the order of taking cognizance–Complaint for the offence u/ss. 454, 380 & 427 IPC–Police filed the negative final report–Magistrate took cognizance after recording the evidence u/ss. 200 & 202 and issued non-bailable warrants–Prayer of petitioner he should be summoned by bailable warrants–Held, petitioner should apply u/s. 438 for bail in which the Court below will consider the facts mentioned in this petition.


