BALJINDER SINGH KHURANA Vs. STATE OF RAJ

JUDGEMENT

(1.) THE present petition has been filed by the petitioner-accused under Section 482 of Cr.P.C. challenging the order dated 2.2.11 passed by the Addl. Chief Judicial Magistrate, Kishangarh, Ajmer (hereinafter referred to as 'the trial court') on the Protest Petition filed by the complainant-respondent No.2 in final report No. 132/09 (FIR No. 334/09) registered at Police Station Madanganj, Ajmer.

(2.) IN the instant case, it appears that a criminal complaint was filed by the respondent No.2-complainant against one accused Aslam before the trial court for the offences under Sections 379, 392, 394, 384 and 323 IPC on 22.7.09. The said complaint was sent for investigation by the trial court under Section 156(3) of Cr.P.C. to the concerned police station. The said complaint was registered as FIR 334/09 on 1.8.09 against the said accused Aslam. The INvestigating Officer after carrying out the investigation submitted the final report to the effect that there was no evidence against the accused and the complaint filed by the complainant was a false complaint. It appears that the said final report was proposed to be submitted before the court, however on the application made by the complainant, the concerned Superintendent of Police had directed re-investigation and accordingly the re-investigation was also conducted. Thereafter again the concerned INvestigating Officer submitted the final report on 17.12.09 before the trial court stating interalia that the complainant had filed a false complaint and no case was made out against the accused. The complainant having filed the protest petition against the said final report, the trial court vide the impugned order dated 2.2.11 observed that there was a prima facie case made out against the accused Aslam and also against the Manager L and T Company for the offence under Section 392 of IPC and accordingly issued the warrant of arrest against both the accused. Being aggrieved by the said order, the petitioner has filed the present petition invoking jurisdiction under Section 482 Cr.P.C.