SANJEEV YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present revision petition under Sec. 397/401 Cr.P.C. has been filed by the petitioner against the order dtd. 30/9/2022 passed by the learned Special Judge, SC/ST (Prevention of Atrocity) and Additional Session Judge, Bikaner whereby the learned Judge allowed the application under Sec. 190 Cr.P.C. filed by the complainant and took cognizance against the petitioner for offence under Ss. 341, 323, 34 IPC.

(2.) Counsel for the petitioner submits that cross-cases have been registered between the parties in respect of the incident happened between them. Counsel submits that in this case, after thorough investigation, Police filed challan against other accused persons and not against the present petitioner. Further, only omnibus allegations of causing injuries have been levelled against the present petitioner and the injuries sustained by the complainant are also simple in nature. Counsel submits that there is no occasion to disbelieve the final report submitted by the Police, but the trial court without appreciating the facts mentioned in the final report, took cognizance against the petitioner. Therefore, the impugned order of taking cognizance may be set aside.

(3.) Learned Public Prosecutor and counsel for complainant have opposed the prayer made by the counsel for the petitioner and submitted that the complainant in his statement has made specifically averments against the present petitioner regarding causing of injuries. Hence, the trial court has rightly taken cognizance against the petitioner.