CHALAKDAN CHARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner herein is aggrieved of order dtd. 12/2/2019 passed by learned Additional Sessions Judge, Jodhpur in Criminal Revision Petition No. 23/2015. The revisional Court dismissed the revision petition and affirmed the order dtd. 1/11/2011 passed by the learned Judicial Magistrate, Osiyan, in Criminal Case No. 22/2009. The learned Magistrate rejected the negative final report of the prosecution, instead took cognizance of offences under Ss. 420, 467, 468 and 120-B of IPC on a protest petition and then directly issued arrest warrant against the petitioner.

(2.) Brief facts of the case are that the complainant-respondent No. 2, Gomad Ram, submitted a complaint under Sec. 156 of the Cr.P.C. before the Court of the Judicial Magistrate, Osiyan, in the year 2009. The learned Judicial Magistrate, Osiyan, sent the complaint to the S.H.O. of Police Station Lohawat under Sec. 156(3) Cr.P.C. to register the case, investigate the matter, and submit a report. Pursuant to this, the S.H.O. of Police Station Lohawat registered a case as C.R. Case No. 06/2009 for offenses under Ss. 420, 467, 468, and 120-B IPC and initiated the investigation. After a thorough investigation, the police submitted a negative final report. Aggrieved by this, the complainant submitted a protest petition. Vide order dtd. 1/11/2011, the learned Judicial Magistrate took cognizance against the accused petitioner for offenses under Ss. 420, 467, 468, and 120-B IPC. Aggrieved, the petitioner filed a Criminal Revision Petition before the learned Additional Sessions Judge, Jodhpur District. By an order dtd. 12/2/2019, revisional Court upheld the order dtd. 1/11/2011 and dismissed the revision petition. Hence, this petition.

(3.) Heard.