[2026:RJ-JP:25591] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 553/2023 URN: CRLMP / 1117U / 2023 Sanjay S/o Mohan Lal, R/o Dhahara Ka Pura, Hindaun City, District Karauli (Raj). ----Accused-Petitioner Versus 1. State of Rajasthan, through P.P. ----Respondent 2. Man Singh Jatav S/o Ramdhan Jatav, R/o Dhahara Ka Pura, Hindaun City, District Karauli (Raj). ----Complainant-Respondent For Petitioner(s) : Mr.Vinod Kumar Sharma For Respondent(s) : Mr.Manvendra Singh Shekhawat, PP JUSTICE ANOOP KUMAR DHAND Order 08/07/2026 1. This Court while passing the interim order dated 26.02.2024, issued notices to the respondent No.2 by both modes, i.e., ordinary mode as well as by registered post. The track record of the consignment of the registered post indicates that the registered post notice has been served upon the respondent No.2 on 07.03.2024 and on the basis of the aforesaid report, Office has treated the service upon the respondent No.2 as complete. 2. None has put in appearance on behalf of the respondent No.2 in spite of service. 3. By way of filing the instant petition, a challenge has been led to the impugned order dated 04.07.2022, passed by the Special Judge, POCSO Cases, Karauli in Case No.62/2022 by which the [2026:RJ-JP:25591] (2 of 3) [CRLMP-553/2023] application submitted by the complainant-respondent under Section 193 Cr.P.C. has been allowed and the cognizance has been taken against the petitioner under Sections 363, 366, 376 (DA) IPC and Section 5/6 of the POCSO Act and the petitioner has been summoned through arrest warrant. 4. Counsel for the petitioner submits that after investigation, the Police did not find any case against the petitioner, that is why, final report 'negative' was submitted to his extent, but while exercising the powers under Section 193 Cr.P.C., the Special Judge has taken cognizance against the petitioner for the above stated offences and has straight away summoned him through arrest warrant. He submits that he is confining his prayer to the extent of issuing directions to the Trial Court for converting the arrest warrant into bailable warrant and he is not pressing the impugned order dated 04.07.2022 on its merits. He submits that the arrest warrants be converted into bailable warrants in terms of the judgment passed by the Hon'ble Apex Court in the case of Vikas Vs. State of Rajasthan reported in (2014) SCC 321. 5. Per contra, learned Public Prosecutor opposed the prayer raised by the counsel for the petitioner. 6. Heard and considered the submissions made at Bar and perused the material available on record. 7. Looking to the limited prayer so made by learned counsel for the petitioner only to the extent of converting the arrest warrant into bailable warrant in terms of the judgment passed by the Hon'ble Apex Court in the case of Vikas (supra) and considering the fact that after investigation, the Police did not find any case against the petitioner, but the cognizance has been taken against [2026:RJ-JP:25591] (3 of 3) [CRLMP-553/2023] him under Section 193 Cr.P.C. by the Trial Court. Looking to the peculiar facts and circumstances of the case, this Court deems it just and proper to convert the arrest warrant issued against the petitioner into bailable warrant. 8. Considering the overall facts and circumstances of the case, the petition stands partly allowed. The petitioner is directed to surrender before the Trial Court within a period of 15 days from today. In case, the petitioner appears and surrenders before the Trial Court within the above stipulated time, the Trial Court is directed to release him on bail subject to its satisfaction, after procuring the personal and surety bonds from the petitioner. 9. In case, the petitioner fails to appear before the Trial Court within the above stipulated time, the order of issuing arrest warrant will automatically come into picture. 10. Accordingly, the present petition stands partly allowed. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma/8