M.P. AGRAWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this petition the petitioner has prayed that Investigation was not fair and FR has wrongly been given. Even the FR has wrongly been accepted by the Chief Judicial Magistrate vide order dated 16.6.94.

(2.) Mr. Khandelwal submitted that though notice was issued to him but the same has been received by the petitioner only on 15.6.94 and this shows that no reasonable opportunity has been given to him to represent against FR. He further submitted that instead of directing the CJM for taking cognizance, the matter be sent back with a direction to give reasonable opportunity to the petitioner before passing any order on the FR, which has been given by the police.

(3.) Considering the fact that notice has been received by the petitioner only on 15.6.94 and order has been passed on FR on 16.6.94, one day is not sufficient time, to make representation against FR, to the complainant.