SANJAY KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition has been filed on behalf of the petitioner challenging the order dated 19.5.2012 passed by the learned Sessions Judge, Bhilwara in revision, whereby, the order, dated 11.4.2012 passed by the learned Judicial Magistrate (East), Bhilwara in connection with F.I.R. Case No. 51/2006, registered at the Police Station Hamirgarh, Distt. Bhilwara, whereby, the learned Magistrate look cognizance against the petitioner for the offences under Sections 406, 420 and 120-B I.P.C. and directed that the petitioner be summoned through warrant of arrest has been affirmed.

(2.) Learned counsel for the petitioner submits that the principal accused in this case were Saroj Sharma and Kishan Lai. Learned counsel submits that the police after investigation did not file charge sheet against the petitioner. He submits that the complainant in the F.I.R. and in his statement recorded under Section 161 Cr.P.C. did not allege that the petitioner induced him fraudulently or cheated him out of the amount deposited by the complainant in the post office. Learned counsel submits that the order taking cognizance against the petitioner is without jurisdiction and has been passed without there being any material available on the record against the petitioner. Learned counsel thus prays that the order taking cognizance qua the petitioner deserves to be quashed.

(3.) Per contra, learned Public Prosecutor has vehemently opposed the submissions advanced by learned counsel for the petitioner.