KHEEWA RAM Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS miscellaneous petition is directed against the order dated November 7, 1987, passed by the Additional Chief Judicial Magistrate, Sojat, by which the learned Magistrate has taken cognizance against the petitioner Under Sections 467 and 420 I.P.C.

(2.) NAND Kishore, Branch Manager of the Marwar Gramin Bank, Jadan, lodged a First Information Report with the Station House Officer, Police Station, Shivpura, Under Sections 406 and 420 I.P.C. The police, after necessary investigation, submitted the report, mentioning therein that no case against the accused, Under Sections 406 and 420 I.P.C, is made -out, but according to the police, the case Under Section 467 I.P.C is prima facie made -out against the accused. The learned Additional Chief Judicial Magistrate, Sojat, by his order dated November 7, 1987, after taking into consideration the papers on record, took cognizance against the petitioner Under Sections 467 and 420 I.P.C. It is against this order that the present petition Under Section 482 Cr.P.C. has been filed.

(3.) AT the time of taking the cognizance, the Court has to apply its mind on the evidence of the witnesses and the suspected conditions of the offence to satisfy itself that a prima facie case, is made -out to proceed -with against the present accused. At this stage, the evidence is not to be meticulously examined, as required to be examined at the final stage. If there is prima facie evidence to proceed -with then the Court can take cognizance and proceed -with the matter. If the accused, against whom the cognizance has been taken, has any valid defence available to him, then he can agitate that point before the trial Court and the trial Court will decide his objections, if so raised at the appropriate stage. But the power Under Section 482 Cr.P.C. cannot be lightly used in quashing the proceeding when a prima facie case has been made -out against the accused -petitioner. It has been held by the Supreme Court in the case of The State of Haryana v. Choudhary Bhajan Lal (Judgments Today JT 1990 (4) (RAJ)650):