MANJEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under section 482, Cr. P.C. is directed against the order Dated Feb. 18, 1988, of the Additional Sessions Judge No.1, Hanumangarh, quashing the order of the Munsif & Judicial Magistrate, First class, Hanumangarh, dated March 24,1987, whereby the learned Judicial Magistrate had taken cognizance of the offence under sections 147, 447, 427 and 504 I.P.C. against the non-petitioners Nos. 2 to 6.

(2.) The learned Additional Sessions Judge has quashed the order of the learned Magistrate on the ground that cognizance having been taken by the Magistrate-against the accused challaned by the police, it was not open to him, subsequently, to take cognizance against other accused. The learned Additional Sessions Judge has held that the cognizance taken by the learned Magistrate on March 24, 1987, was not legally permissible. The Additional Sessions Judge has in this connection relied on a Judgment of this Court in Bagh Singh v. State.

(3.) In my opinion, Bagh Singh's case (supra) is not applicable to the present case. More appropriately the case will be governed by Hareram Satpathy v. Tikaram Agarwala & others, decided by the Supreme Court and Udai Singh v. State, decided by this Court.