JAN MOHD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER Jan Mohd. has filed petition under Section 482 Cr. P. C. against the order dated 23. 9. 1989 passed by the learned Munsif &. Judicial Magislralc, Makrana whereby after conducting enquiry under Sections 200 and 202 Cr. P. C. on [he criminal complaint Tiled by Abdul Rehaman, he look cognizance against Jan Mohd for the offences under Sections 147, 323, 336 341/149 I. P. C. and againsl co-accused persons Molhd Rafi, Narayan, Hanuman and Mangu for the offences under Sections 147, 323, 341 read with section 149, IPC and ordered for issuance of summons against the said accused persons.

(2.) PETITIONER Abdul Rehaman has filed petition under Section 482 Cr. P. C. against the order dated 18. 4. 1988 passed by the learned Munsif & Judicial Magislrate Makrana in F. R. No. S8/86, Police Station, Makrana whereby the said Final Report was accepted.

(3.) IN Gopal Vijay Verma v. Bhuneshwar Prasad Sinha and Ors. (2), it has been held that the Magistrate is not debarred from taking cognizance on a complaint merely on the ground that he had earlier declined to take cognizance on a police report. Therefore, acceptance of F. R. is no bar for taking cognizance about the same incident by the Magistrate under Section 190 (1) Cr. P. C. if on the Criminal complaint and after holding enquiry under Sections 200 and 202 Cr. P. C!. he finds prima facie that some offence is made out.