AJEET KUMAR Vs. NEERAJ KUMAR JAIN

JUDGEMENT

(1.) Shri R.K. Sharma, Advocate, for the petitioner.

(2.) The factual matrix lies in a narrow compass. In Criminal Case R.T. 947/14, Neeraj Kumar vs. Ajeet Kumar, the petitioner is the accused, whereas the respondent No. 1 is the complainant. At the time of cognizance, the learned trial Court took cognizance without having resorted to adding evidence under section 200, Criminal Procedure Code. On filing an application on 19-12-2014, the same was disposed of by the learned trial Court on 7-2-2015 stating that the Magistrate has already taken cognizance and issued process. There is no provision in the Code of Criminal Procedure to recall such order and the Magistrate cannot exercise the inherent powers. Petitioner, hence, prayed that the cognizance taken by the learned Magistrate is without adding any preliminary evidence under sections 200 and 202, Criminal Procedure Code is not proper in the eyes of law. Therefore, the cognizance taken by the learned trial Court against the petitioner be set aside.

(3.) In Banshilal vs. Abdul Munnar, 2010 1 MPLJ 644, this Court has held that,