RAJESH MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard.

(2.) The instant revision petition has been preferred by the petitioner against the order dated 11.7.2011 passed by the learned Chief Judicial Magistrate, Bhilwara in Criminal Case No.85/1996 whereby his application under Section 197 Cr.P.C. has been rejected.

(3.) Succinctly stated the facts of the case are that the Additional Chief Judicial Magistrate, Gangapur filed a complaint on 15.4.1996 in the Court of Chief Judicial Magistrate, Bhilwara under Section 195 Cr.P.C. read with Section 340 Cr.P.C. with the allegation that a complaint had been sent for investigation to P.S. Gangapur under Section 156(3) Cr.P.C. from the Court of Additional Chief Judicial Magistrate, Gangapur in relation to the offences under Sections 420, 380, 381, 407, 411 and 120B IPC but the same was not returned back after investigation. The complaint filed under the directions of the A.C.J.M. was lodged with the allegations that the concerned police officer Incharge, Police Station Gangapur, neither registered the case nor did he submit a report regarding the fate of the complaint sent to the police station from the court and thus, the officer incharge was liable to be prosecuted for the offences under Sections 166, 175 and 217 IPC. It was also mentioned in the complaint that another complaint for the offences under Sections 417, 448, 427 and 504 IPC also met with the same fate alike the complaint referred to above.