SHIV LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under Sec. 482 Cr.PC. seeks quashing of the order dated 20.6.2002 passed by the learned Sessions Judge, Churu in Revision No. 33/2001 whereby the order dated 31.8.1999 passed by the learned Judicial Magistrate 1st Class, Sardarshahar in Cr. Case No. 311/99 taking cognizance of the offence under Sec. 174 I.P.C. against the petitioner has been confirmed.

(2.) The relevant facts are that the petitioner was Sub-Inspector at Taranagar. He was required by the learned Judicial Magistrate Sardarshahar to produce the case diary of F.I.R. No. 220/98 but it appears that he neither appeared nor produced the case diary whereupon the learned Magistrate vide order dated 31.8.1999 look cognizance of the offence under Sec. 174 I.P.C. against him. The criminal revision filed by the petitioner against the said order was dismissed by the learned Addl. Sessions Judge, Churu vide impugned order. Hence this petition.

(3.) It has been contended by the learned counsel for the petitioner that the impugned orders are illegal and in flagrant contravention of the provisions of Sec. 195 Cr.PC. Learned Public Prosecutor also could not defend the orders passed by the learned' courts below.