SUJAN SINGH Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) This criminal misc. petition under Section Cr.P.C. has been filed by the petitioners, while challenging the order dated 1.8.2013 passed by the Additional Sessions Judge, Balotra (for short 'the Revisional Court' hereinafter) in a revision petition filed by the petitioner, whereby the revision petition was dismissed by the Revisional Court. The petitioner has also challenged the order dated 13.6.2012 passed by the Judicial Magistrate, First Class, Balotra (for short 'the Trial Court' hereinafter), whereby the cognizance has been taken against the petitioner for the offence punishable under Section 447 I.P.C.

(2.) The learned Counsel for the petitioner has submitted that from the material available on record, the offence punishable under Section 447 I.P.C. is not made out against the petitioner but the learned Trial Court as well as the Revisional Court have grossly erred in passing the impugned orders. It is contended that the learned Trial Court has wrongly concluded that prima facie case for commission of offence under Section 447 I.P.C. is made out against the petitioner while ignoring the fact that the petitioner was already in possession of 1 the land in question and he has not tried to commit criminal trespass on any of the land belonging to the complainant. On the strength of the above arguments, the leaned Counsel for the petitioner has prayed for quashing of the impugned orders.

(3.) Per contra, the learned Public Prosecutor has argued that sufficient material, for taking cognizance against the petitioner for the offence punishable under Section 447 I.P.C. is available on record and therefore, the leaned Trial Court has not committed any illegality in passing the impugned order. It is further contended by the learned Public Prosecutor that the Revisional Court, after taking into consideration all the aspects of the matter, has rightly dismissed the revision petition.