SUKHDEO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS miscellaneous petition is directed against the order dated 27-7-94, passed by the Civil Judge (Senior Division) cum Judicial Magistrate, First Class, Sojat, by which the learned Magistrate took cognizance against the petitioners for the offences under Sections 452 and 323 I. P. C. and issued warrants of arrest to procure their presence.

(2.) IT is contended by the learned counsel for the petitioners that while taking the cognizance, the learned Magistrate passed the order in a mechanical manner without considering the material collected by the investigating officer as well as the reasons given by him in ther final report. The investigating agency, after due investigation,presented a Final Report and the learned Magistrate even did not consider the reasons given by the investigating agency and took the cognizance against the petitioners. The learned Public Prosecutor, on the other hand, has supported the order passed by the Court below.