JASVINDER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the present petition under Sec. 482, Cr.PC. the petitioner has agitated the validity of order dated 2.8.2005 passed by Special Judge, N.D.PS. Act Cases, Udaipur whereby upon application filed by the Public Prosecutor cognizance has- been taken against the petitioner for offence under Sec. 8/29 of the N.D.P.S. Act treating the petitioner registered owner of the vehicle in which the contraband was recovered.

(2.) It is contended by learned counsel for the petitioner that application for taking cognizance against the petitioner was filed before the learned trial court on 2.8.2005 whereas, after challan having been filed, the learned Magistrate took cognizance and passed order on 15.7.2005 while exercising power under Sec. 190. Cr.PC., therefore, once cognizance was taken and the learned Magistrate proceeded for trial, after three months, another application is filed for taking cognizance against the petitioner which is not permissible in law. Learned counsel for ' the petitioner contended that cognizance cannot be taken in peacemeal and it is only open for the trial Court after proceeding in the matter to take cognizance after recording evidence under Sec. 319, Cr.PC. According to him, the stage for taking i cognizance is left with the Court either first under Sec. 190 after filing of the challan, or thereafter, after recording of the evidence adduced by the prosecution, if application is filed by the prosecution under Sec. 319, Cr.PC. that offence is made out against a person not arraigned earlier who has also taken part in the occurrence, then cognizance can be taken. Learned counsel for the petitioner contended that there is no stage in between Sec. 190 and Sec. 319, Cr.PC. for the Magistrate to take cognizance against any person and he must proceed to take cognizance either at the initial stage after filing of the challan under Sec. 190 or after recording evidence, under Sec. 319, Cr.PC.

(3.) Learned counsel for the petitioner invited attention of the Court towards judgment of the Supreme Court, reported in AIR 1988 S.C. 3148, Ranjit Singh Vs. State of Punjab and judgment of this Court reported in 1999 Cr.L.R. (Raj.) 301, Rajesh Sidana Vs. State of Rajasthan & Another .