SHANKER LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT Misc. petition has been filed for quashing the order dated 15.3.1996 passed by the learned Civil Judge (Jr. Division)-cum-Judicial Magistrate, Sujangarh out of Final Report No. 8/95 submitted by police Station, Sandwa and subsequently the same final report was registered as Complaint Case No. 129/95 Budha Ram v. Shanker Lal relating to the offences under Section 354, IPC and Section 3(1) (xi) of the SC/ST (Prevention of Atrocities) Act, 1989.

(2.) MR . K.L. Thakur, learned Public Prosecutor raised a preliminary objection that since summoning of the accused or taking of a cognizance is an interlocutory order, therefore, neither revision lies nor proceedings under Section 482, Cr.P.C. can be initiated.

(3.) IT goes without saying that the order issuing the process or taking cognizance is an interlocutory order but that does not mean that since it is an interlocutory order, therefore, the proceedings cannot be dropped under Section 482, Cr.P.C. even if it is found by the High Court that the materials collected by the investigating officer or statements recorded by the learned Magistrate on the face of it, do not disclose any offence against the accused. In my humble opinion, no person can be tried without a prima facie case against him, therefore, the preliminary objection raised by the learned Public Prosecutor is hereby over-ruled and I propose to decide it on merit.