KAPIL SENANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present misc. petition has been filed on behalf of the petitioners challenging the order dated 20.12.2006 passed by the learned Addl. Chief Judicial Magistrate, Salumber in Criminal Regular Case No. 826/2006 taking cognizance against the petitioners for the offences under Sections 420, 406 and 120-B I.P.C. on negative a final report. The said order has been affirmed by the learned Addl. Sessions Judge (Fast Track) No. 3, Udaipur Camp Salumber by order dated 28.7.2008.

(2.) Briefly stated the facts necessary for the disposal of this misc. petition are that the respondent No. 2 filed a complaint against the petitioners in the Court of the learned Addl. Chief Judicial Magistrate, Salumber, which was forwarded under Section 156(3) Cr.P.C. to the Police Station Jhallara, Distt. Udaipur for investigation, where after, the F.I.R. No. 31/2006 was registered and investigation commenced. The police after investigation submitted a negative final report in the Court of the learned Addl. Chief Judicial Magistrate, Salumber. Prior to filing of the F.I.R. No. 31/2006, earlier on also on the basis of a complaint to the Superintendent of Police, Udaipur made by he present complainant, another F.I.R. No. 91/2004 was registered at the Police Station Jhallara, Distt. Udaiur itself and after investigation on the said report which was registered for the offences under Sections 147, 148, 149 and 384 I.P.C., the police filed a final report on 23.8.2004 which was accepted by the Court on 7.4.2005.

(3.) In the instant case, on the submission of the negative final report, the complainant appeared before the Court and argued that cognizance should be taken against the accused, on which, the learned trial Court proceeded to take cognizance against the petitioners and two others for the offences under Sections 420, 406 and 120-B I.P.C. The petitioners challenged the order of the learned Magistrate by way of filing a revision petition, which came to be heard by the learned Addl. Sessions Judge (Fast Track) No. 3, Udaipur Camp Salumber and the learned Addl. Sessions Judge proceeded to reject the revision petition filed by the petitioners and hence this misc. petition before this Court.