RAMSWAROOP Vs. STATE OF RAJSTHAN

JUDGEMENT

(1.) The petitioners have impugned he order dated 23.3.2002, whereby the learned Additional Chief Judicial Magistrate, Chhabra took cognizance of the offences under Section 420 and 323 of IPC and Section 3 of the SC/ST Act, against the accused persons namely Ramswaroop, Daulatram, Kastooribai and Naurangibai. Aggrieved with this order, the petitioners filed; revision petition and the learned Special Judge, SC/ST Cases, having heard both the parties dismissed the revision petition and affirmed the order of the learned Additional Chief Judicial Magistrate, Chhabra.

(2.) Heard learned counsel for the parties and carefully perused the relevant material on record including the impugned orders.

(3.) The main thrust of argument, put forth by the learned counsel for the petitioner, is that the learned trial Court instead of taking cognizance of the offences, ought to have sent the case back for re-investigation to police, as the documents produced by the complainant were not taken care of, while preparing the report by police, hence, the order of taking cognizance and proceeding against the petitioners cannot be said to be just in the eye of law.