ARJUN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this criminal misc. petition filed under Section 482 of Cr.P.C, the petitioners have prayed to set aside the order dated 27.7.2009 rendered by the learned Sessions Judge, Merta as also the order dated 22nd June, 2004 passed by the Additional Chief Judicial Magistrate, Merta who first accepted the Final Report (unoccurred) given by the police after completion of investigation and thereafter, in continuation of the order, he took cognizance of the offences under Sections 336 and 504 of IPC.

(2.) Heard learned Counsel for the petitioners, learned Counsel for the respondent No. 2 as also learned Public Prosecutor appearing for the State and carefully perused the impugned orders.

(3.) The sole question springing for consideration in the instant petition is, as to whether a Judicial Magistrate can accept the Final Report unoccurred given by the police after completion of investigation and take the cognizance of the offence on protest petition simultaneously by way of passing only one order?