BHOPAL SINGH Vs. STATE

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. is directed against the order date May 11, 1992 of Addl. Chief Judicial Magistrate, Hindaun, taking cognizance for the offence under Sections 447 and 427 IPC and Section 3(i)(v)(x) of the S.E. and S.T. (Prevention of Atrocities) Act, 1989. The Magistrate has taken cognizance though the police had submitted final report. It cannot be disputed that the Magistrate can dis -agree with the police report and may take cognizance of the offend offences it is satisfied that they are grounds to proceed in the case. Whether from the evidence, a prima facie case is made out or not, is a question which shall be decided by the trial court at the stage of framing charge/ charges after hearing the petitioner. At that stage, the petitioner shall be in a better position to make his submission.

(2.) IT cannot be said that the order posed by the Magistrate is prejudicial. Hence this petition is dismissed summarily.