BABURAM PRAJAPAT Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This Criminal Misc. Petition under Section 482 Cr.P.C. has been preferred by the petitioner against the order dated 02.03.2012 passed by the learned Sessions Judge, Jaisalmer (for short 'the revisional court' hereinafter) in criminal revision petition No.33/2011 filed by the respondent Nos.3 to 5, whereby the revisional court has accepted the revision petition and quashed the order dated 17.02.2011 passed by the Judicial Magistrate (First Class), Jaisalmer (for short 'the trial court' hereinafter), whereby the trial court has taken cognizance against the respondent Nos.2 to 5 for the offence punishable under Section 182, 500, 506 read with Section 120B I.P.C.

(2.) Brief facts of the case are that the petitioner filed a complaint in the trial court on 13.04.2011 and the trial court has sent it to the police for further investigation under Section 156(3) Cr.P.C. to the Police Station Mohangarh, District Jaisalmer. The Investigating Officer-S.H.O., Police Station Mohangarh, District Jaisalmer filed a negative final report before the trial court, while concluding that no such offence, as alleged in the complaint, has taken place in the jurisdiction of the Police Station Mohangarh, District Jaisalmer. The petitioner thereafter, filed a protest petition before the trial court, which was accepted vide order dated 17.02.2011 and cognizance was taken against the petitioner for the offences under Sections 182, 500, 506 read with 120-B IPC.

(3.) Being aggrieved with the order dated 17.02.2011, respondent Nos.3 to 5 have preferred a revision petition before the revisional court and the revisional court, S.B. CRIMINAL MISC. PETITION NO.771/2012 Baburam Prajapat v. State of Rajasthan and Ors. vide impugned order D/d. 02.03.2012. has accepted the said revision petition and quashed the order dated 17.02.2011 of taking cognizance against the respondent No.2 to 5.