SURESH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal misc. petition under Section 482 Cr. P. C. has been filed by the accused petitioner against the judgment dated 7. 6. 1999 passed by the learned Addl. Sessions Judge No. 2, Bhilwara in Cr. Revision No. 84/96 (105/91) by which he rejected the revision petition filed by the accused petitioner and upheld the order dated 20. 3. 191 passed by the learned Judicial Magistrate First Class, Gangapur in Criminal Case No. 582/88 by which the learned Magistrate took cognizance against the accused petitioner for the offence under Sections 147, 149, 435, 453 and 477 IPC pertaining to FIR No. 248/88 Police Station Gangapur District Bhilwara and prayed that both the orders passed by the courts below be quashed.

(2.) IT arises in the following circumstances:- On 11. 10. 1988, one Bhagwati Lal lodged a report in the Police Station Gangapur against nine persons stating inter-alia that he has taken some premises on rent from Agarwal Samaj of Gangapur in which he was running his office for the last thirty years. IT was further stated in the report that some dispute regarding disconnection of electricity was going on in the Court of S. D. M. and yesterday night, after reaching procession of Agrasen Maharaj in Narsingh Chowk, certain youngsters came at his office and thereafter, broke the locks and the material was taken out of the shop and it was put into fire. IT was further stated in the report that he was sitting on the shop of Jugal Panwala.

(3.) THE pertinent question that arises for determination in this case is whether the learned Magistrate after passing the order taking cognizance of the offence and issuing process to the accused persons named in the charge-sheet filed by the police has any power to issue process to other accused persons not named in the charge-sheet to face trial.