VENNI GOPAL Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the Public Prosecutor. The present miscellaneous petition has been filed challenging the order dated 6.8.2007 passed by the learned Additional Sessions Judge, Nagaur in Criminal Revision No. 54/2007 filed by the respondent No. 2, whereby the Revisional Court set aside the order dated 18.4.2006 taking cognizance of the offence under Sec. 453 I.P.C. against the respondent No. 2 passed by the Judicial Magistrate, Jayal, District Nagaur in Criminal Case No. 51/2006.

(2.) The petitioner is the complainant in the case and he has approached this Court by way of this miscellaneous petition seeking a direction for restoration of the order taking cognizance against the respondent No. 2.

(3.) Assailing the order of the revisional Court, learned counsel for the petitioner submits that at the stage of taking cognizance, only a formation of opinion regarding existence of prima facie case is required. He submits that the learned Magistrate, after perusing the final report, has formed the opinion that there is existence of prima facie case for proceeding against the accused and as such the cognizance was taken against the accused -respondent No. 2 for the offence under Sec. 453 I.P.C. and the Revisional Court should not have interfered in the well-reasoned order of the learned Magistrate.