SHIV CHARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The aforesaid misc. petition has been filed by the accused-petitioner, Shiv Charan and six others challenging the order dated 28-2-2004, passed by the learned Additional Sessions Judge, Kotputali, District Jaipur, in Criminal Revision No. 39/2002, whereby the learned Sessions Judge has rejected the revision petition filed by the petitioners and has upheld the order dated 18-6-2002, passed by the learned Additional Chief Judicial Magistrate, Kotputali, in Criminal Complaints No. 274/2002, taking cognizance against the petitioners for the offences under Sections 420,467,468,471 and 120-B, IPC.

(2.) At the outset, it may be stated here that at the time of arguing the petition, the counsel for the petitioners has submitted that the petitioner Nos. 1 and 2, namely Shiv Charan and Ramesh Chand respectively, have expired and as such, the petition as regards them has become infructuous. Hence, the name of the petitioner Nos. 1 and 2 are deleted from the array of the petitioners.

(3.) Briefly the facts necessary for the disposal of the petition are that the respondent No. 2 Ghanshyam, filed a complaint against the petitioners and certain others in the Court of Judicial Magistrate, Kotputali, District Jaipur, on 2-12-1996 for the offences mentioned above. In the complaint, the allegations made by the complainant are that the accused, Mohari Lal, was the uncle of the complainant, the accused-petitioner Nos. 1 to 3 were the sons of Mohari Lal, the accused-petitioner Nos. 4 and 6 were the maternal nephews of Mohari Lal, the accused-petitioner No. 5 was the daughter-in-law of Mohari Lal and the accused-petitioner No. 7 was arrayed as the conspirator with other accused-petitioners.