NEMI CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this criminal misc. petition, a challenge is made to the order of cognizance dated 21st July, 2003 so as order passed on the revision petition against the aforesaid order.

(2.) Learned counsel submits that cognizance for offence under Section 306 IPC has been taken though no material exist to show abetment of suicide by the present petitioner. The Police had given adverse final report but without giving any reason to take cognizance, the impugned order has been passed. The revisional court also failed to consider that once the adverse final report is given by the Police, cognizance should not have been taken casually rather it could have been after recording reason to deny acceptance of adverse final report. Learned counsel has made reference of judgment of this court in the case of Manish Kumar Sharma v. State of Rajasthan, reported in 1995 CRI.L.J. 3066, Madhya Pradesh High Court in the case of Ajay Patodia v. State of Madhya Pradesh, reported in 2004 CRI.L.J. 197 as well as of Apex Court in the case of Madan Mohan Singh v. State of Gujarat & Anr., reported in (2010) 10 SCR 351. In the similar circumstances, proceedings for offence under Section 306 IPC were dropped as nothing was found against the petitioner. In view of above, prayer is made to set aside the order taking cognizance so as the order of the revisional court.

(3.) I have considered the submission made by learned counsel for petitioner and perused the record.