VIJENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of instant petition under Sec. 482 Crimial P.C. petitioner seeks to quash the order dated 7.11.1998 passed by the Judicial Magistrate, First Class, Churu taking cognizance against him for offence under Sec. 186 I.P.C.

(2.) Briefly stated the facts of the case are that one Shishupal Singh SHO Police Station Ratan Nagar presented a compliant before the Judicial Magistrate, First Class, Chum Stating inter alia that on 27.09.1998 Miss S.V. John Nurse working at Sub Health Centre, Poti Village, submitted a written report stating therein that in house at village Poti some persons committed a theft of TV, Refrigerator, Fan etc. Police registered a case and arrested the accused persons Mubarak Khan. Rohitash Singh and Pappu Singh. They were produced before the learned Magistrate. It is further alleged that on 31.10.1998 petitioner met SHO and re-apprehended him for exaggerating the matter and getting the bail application rejected of his relatives. He also threatened him. On this complaint the learned Magistrate has taken cognizance against petitioners for offence under Sec. 1861.P.C. by the impugned order.

(3.) It is contended by the learned counsel that learned Magistrate has committed error in taking cognizance simply on the basis of compliant submitted by the SHO. He neither sent the complaint for investigation nor he recorded his statement under Sec. 200 Crimial P.C. It is submitted that even if the allegations made in the complaint are accepted on its face value does not satisfy the essential ingredients of offence under Sec. 186 I.P.C.