JAGDISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Mr K.L. Thakur is directed to accept the notice of this Criminal Misc. Petition, which he has accepted and a copy of the memo of the petition has been supplied to him. On the joint request, this case is being finally disposed of.

(2.) It appears that on a criminal complaint filed by complainant Kishan Lal by caste Chamar against the petitioner for the offences under Sections 327, 323, 341, 504, 506 I.P.C. and under section 3 of the Scheduled Castes & Scheduled Tribes (prevention of Atrocities) Act, 1989, the learned Chief Judicial Magistrate, Nimbahera after recording the evidence under Sections 200 & 202 Cr. P.C. by his order dated 27.5.1994 took cognizance against accused petitioner Jagdish for the offence under section 330 I.P.C. and under section 3 (1) (x) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 and ordered for issuance of non-bailable warrant for the arrest of the petitioner. Aggrieved by that order the petitioner has filed this petition under section 482 Cr. P.C.

(3.) I have heard the learned counsel for the petitioner and the learned Public Prosecutor and perused the relevant record. If the Magistrate after perusing the contents of the criminal complaint and the evidence recorded by him under sections 200 & 202 Cr. P.C. is satisfied that prima facie case to proceed against the accused is made out then he is empowered to take cognizance. Prima FacieT means the evidence which is sufficient to establish a fact or to raise a presumption of the truth of the facts unless rebutted or controverted. Therefore, if the Magistrate is satisfied that there is prima facie evidence disclosing certain offence against the accused then under section 190 Cr. P.C. he can take cognizance and ensure his attendance by issuing summons, bailable or non- bailable warrant as the facts & circumstances of the case so warrant.