CHUNI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the Public Prosecutor and perused the order passed by the learned Magistrate on 22nd April, 1991 and also the copies of the First Information Report and the final report submitted by the Police under Section 173 of the Criminal Procedure Code.

(2.) The learned counsel for the petitioner has submitted that while perusing the final report submitted by the Police under Section 173 of the Criminal Procedure Code for the purpose of finding out whether any offence was committed or not and if committed who committed it, the learned Munsif & Judicial Magistrate was duty bound to take into consideration the entire material available on the Police file, but the learned Magistrate in place of applying his mind to entire material confined his attention to the statement of two witnesses, namely Lasa Ram and Pura Ram and came to the conclusion that a prima facie case for proceeding against the petitioner was made out and this illegality amounts the abuse of the process of the Court because the learned Magistrate has not taken into consideration other material consisting of the reasons given by the Investigating Officer in the final report and the statements of other witnesses recorded under Section 161 of the Criminal Procedure Code.

(3.) The learned Public Prosecutor has supported the order of the Magistrate.