RAJESH KUMAR RAJAK Vs. CHHOTELAL RAJAK

JUDGEMENT

(1.) The petitioner has filed this petition, invoking extra ordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, being aggrieved by order dated 2.8.2010 passed by Special Judge/Additional Sessions Judge, Sidhi in Criminal Revision No. 233/2009, whereby order dated 16.12.2009 passed by Judicial Magistrate First Class, Sidhi in Criminal Complaint Case No. 1657/2009 for taking cognizance against the present petitioner was affirmed.

(2.) The facts, in nutshell, giving rise to this petition are that on the basis of a report lodged by one Bhola Prasad Rajak, uncle of deceased Ranu, a case was registered under Section 376 and 306 of IPC against the petitioner.

(3.) After usual investigation and on the basis of FSL Report /DNA Test Report, police prepared a khatma report under Section 169 of Code of Criminal Procedure. In the meanwhile, respondent Chhotelal Rajak has filed a private complaint before the Judicial Magistrate First Class, who called the report from police station Kotwali Sidhi and he was of the opinion that police had investigated the matter negligently. Thereafter, he examined the complainant and his witness under Section 200 and 202 of Cr.P.C. and on the basis of evidence and material on record, he registered a case under Section 376 and 306 of IPC against the petitioner.