HOLI Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) The present revision petition has been filed by the petitioner challenging the order dated 25.8.2008 passed by the Additional Sessions Judge, Abu Road, District Sirohi in Criminal Revision No. 13/2003, allowing the revision petition filed by the respondent No. 2 and quashing the order dated 2.12.2002 passed by the Judicial Magistrate, Pindwara, whereby the cognizance was taken against the respondent No. 2 for the offences under Sections 448 and 427 I.P.C.

(2.) Assailing the order of the Revisional Court dated 25.8.2008, learned counsel for the petitioner submits that in this case that Revisional Court has quashed the order of taking cognizance on the basis of certain documents which were not even the part of the record and thus, the order of the Revisional Court cannot be sustained. It is submitted that at the stage of taking cognizance, the only material which is available before the trial Court can be seen and the defence of the accused by way of additional documents, cannot be utilised by the Revisional Court for quashing the order of the Magistrate taking cognizance.

(3.) Learned counsel for the respondent No. 2 has supported the order of the Revisional Court and submitted that since the petitioner had sold the property to the respondent No. 2 and even the Patta thereof had been issued by the concerned Local Body, therefore, there was no justification for the order taking cognizance and thus, it has been rightly set-aside by the Revisional Court. It has further been submitted that the petitioner had initially given a legal notice to the respondent No. 2 way back in the year 2000, therefore, the present F.I.R. was filed after a long delay and thus it is apparent that it was a dispute of civil rights which have been given a twist of the criminal case.