LOKENDRA SINGH Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) This misc. petition U/s. 482 Crimial P.C. has been directed against the order of learned Additional Chief Judicial Magistrate No. 4, Jaipur City, Jaipur dated 6.11.1999 by which he took cognizance for offence U/ss. 427 & 453 IPC.

(2.) I have heard learned counsel for the petitioner, learned counsel for the complainant as well as learned Public Prosecutor for the State.

(3.) The facts of the case are that a plot No. D-180 is situated at Kanti Chandra Road, Bani Park, Jaipur. Smt. Rasaal Kanwar is said to be in possession of one room on the date of occurrence. He lodged a report with police on 11.8.95 stating that her husband died on 28.7.95. During his life time, she was living in the room which was in possession for the last 30 years as tenant. Some place for kitchen was also being used. Water connection was taken by her father-in-law. She had gone to her parents house and started living there. On 10.8.95, it was revealed to her that the walls of the said room had been broken and the articles belonging to her which were lying inside the room were taken away by the petitioner Lokendra Singh. The police registered a case at Police Station Bani Park, Jaipur for offence U/ss. 453, 427 & 380 IPC. The police after investigation came to the conclusion that the said accommodation/room was in dilapidated condition and on account of heavy rains, the walls had fallen and that the room was found empty. The police submitted final report. Then the complainant Smt. Rasaal Kanwar filed a protest petition whereupon the learned Magistrate took cognizance U/s. 453 & 427 Penal Code by the impugned order ignoring the final report filed by the Investigating Officer.