DHANNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition has been filed by the petitioner challenging the order dated 4.9.2012 passed by the learned Judicial Magistrate 1st Class, Nawa Shahar, District Nagaur in Case No.27/09 whereby the application filed by the petitioner for recording precharge evidence has been dismissed.

(2.) Learned counsel for the petitioner placing reliance on the decision of this Court in the case of Pappu and Anr. v. Rekha and Anr. Reported in 2006(2) Cr.L.R. (Raj.) 1443 submits that in this case, the Police had filed a negative Final Report. The complainant thereafter filed a protest petition and thereafter, the Court proceeded in the case under Sectiosn 200 and 202 Cr.P.C. The procedure of a complaint case was adopted. Learned counsel submits that though the trial Court had directed the Additional Public Prosecutor to conduct the proceedings of the case but the nature of the case could not change merely by that order. He contends that once the procedure of Sections 200 and 202 Cr.P.C. is followed, the case assumes the nature of a warrant case instituted on a complaint and therefore, the recording of precharge evidence is mandatory as per Section 244 of the Cr.P.C.

(3.) None has appeared on behalf of the respondent No.2 despite service.