ATAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this petition, the petitioner has challenged the order dated March, 27, 1986 of the Additional Sessions Judge No. 1, Bharatpur passed in criminal revision. In the aforesaid order, the learned Addition?! District Judge, Bharatpur dismissed the revision petition preferred before him against the order of the Additional Munsif cum Judicial Magistrate No. 1, Bharatpur dated January 21st, 1986 under which he had taken cognizance for offence under Section 302/34 IPC against the accused petitioner.

(2.) THE main ground on which the order taking cognizanee of offence has been challenged is that it is contravention of Section 210 Criminal Procedure Code. To appreciate the rival contentions it is necessary to state the facts which are no longer in dispute.

(3.) THE contention of the learned advocate for the petitioner is that the learned Magistrate could not have taken cognizance of the offence against the accused petitioners in view of Section 210 Criminal Procedure Code and the proper procedure to be adopted by him was to direct the SHO Police Station to further investigate the case. Section 210 Criminal Procedure Code may now be read. It reads as under: