PARMANAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the learned Public Prosecutor for the State.

(2.) This petition under Section 482, Cr. P. C. has been filed against the order passed by the learned Munsif and Judicial Magistrate, Desuri on 5-9-1990 by which he took cognizance of the offences punishable under Sections 451 and 323, I.P.C. and directed issuance of bailable warrants against the petitioners.

(3.) A perusal of the original record shows that on 2-8-1989 Hasti Mal filed an application in the Court of Judicial Magistrate, Desuri. In that application he submitted that the final report submitted by the police was not liable to be accepted; that the accused persons had in fact given a beating and a medical certificate was submitted at the police station and a prima facie case is made out against the accused. Therefore, cognizance be taken against them.