MANOJ KUMAR Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) The instant criminal revision petition has been filed by the complainant Manoj Kumar for quashing the judgment dated 6.1.2012 passed by the Sessions Judge, Rajsamand whereby the order of cognisance was set aside.

(2.) Learned counsel for the petitioner submits that at the time of taking cognisance against the petitioner the trial Court was under obligation to consider the grounds given by the investigating officer for filing final report and the trial court did not consider the grounds to give final report but the revisional court was under obligation to remand the case back to the trial Court for reconsideration but instead of sending the case back to the trial Court for reconsideration, the Sessions Judge, Rajsamand set aside the order of cognisance on technical ground. Therefore, on this ground alone, this revision petition may be accepted and the order passed by the Sessions Judge, Rajsamand in revision No.12/2011 may be quashed and the matter may be remanded to the trial Court for deciding the matter afresh after considering and discussing the grounds given by the investigating officer for filing final report.

(3.) Learned Public Prosecutor as well as learned counsel for the respondents submits that there is no illegality in the order imugned dated 6.1.2012 passed by Sessions Judge, Rajsamand, therefore, no interference is called for in this revision.