TULSIDAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision petition has been filed on behalf of the petitioner-complainant challenging the order dated 19.2.2010 passed by the learned Addl. Sessions Judge, Sojat in Criminal Revision No.28/2009, whereby, the learned revisional court has quashed the order dated 3.6.2009 passed by the learned Civil Judge (Junior Division) and Judicial Magistrate, Sojat framing charge for the offence under Section 207 IPC against the respondent No.2.

(2.) Briefly stated the facts necessary for the disposal of this revision petition are that the petitioner filed a complaint against the respondent No.2 and the Sarpanch of the concerned village namely Sampat Raj Modi for the offences under Sections 198, 420 read with Section 34 IPC in the court of the learned Judicial Magistrate, Sojat. The complaint was sent to the Police under Section 156(3) Cr.P.C. The police after investigation filed a negative final report in the matter. The complainant filed a protest petition. The statements of the complainant and his witnesses were recorded under Sections 200 and 202 Cr.P.C., where after, cognizance for the offences under Sections 467 and 467/120B IPC was taken against the respondent No.2 Parasmal and the Sarpanch Sampat Raj Modi. At the stage of framing of charge, the learned Magistrate discharged the accused from the offences under Sections 467 and 467/120B IPC but framed charge for the offence under Section 207 IPC against them.

(3.) The State as well as the respondent No.2 challenged the order passed by the learned Magistrate by way of filing two separate revisions.