SMT. RATANI & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision has been directed against the order of the learned Addl. Chief Judl. Magistrate, Shahpura, dated 26.6.84. by which he has taken cognizance of offence u/s 494 I. P. C. against the petitioners Satya Narain, and for offences u/s 494/149 I. P. C. against the other petitioners.

(2.) I have heard the learned counsel for the parties.

(3.) The learned counsel for the petitioners does not press this revision on behalf of Satya Narain, petitioner No. 5. He, however, urges that there is absolutely no material on record on the basis of which cognizance for the offence u/s 494/149 I. P. C. could have been taken by the learned Magistrate against the other petitioners. The learned counsel appearing for the non-petitioner No. 2 very frankly conceded to this contention and on a perusal of the record, I also find that there is absolutely no material on the record to support the order of the learned Magistrate so far as the other petitioners are concerned for taking cognizance against them u/s 494/149 I. P. C.