SHEOJI RAM Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) The revision petition has been filed against the judgment dated 10.3.2003 passed by Judicial Magistrate, Bonli whereby the charges have been framed against the present petitioner for the offences under Sections 167 and 466 I.P.C.

(2.) The short facts of the case are that a complaint has been filed against the present petitioner under Sec. 166 Code Criminal Procedure on 27.10.1991. After investigation, the police has filed a negative report before the concerned Magistrate. Vide order dated 15.2.1996 cognizance has been taken against the present petitioner for the offence under Sections 167 and 446 I.P.C.

(3.) After registration of the case, the matter came up for framing of charges. The learned Magistrate has heard the learned Public Prosecutor and the counsel for the complainant and recorded a finding that material is insufficient to charge the petitioner and instead of discharging the petitioner, novel proceedings have been started and the learned Court below has ordered for recording of pre-charge evidence under Sec. 244 (1), Criminal Procedure Code