BANNE CHAND Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In this revision petition, the petitioner seeks to challenge order dated 26.10.2005 passed by the Addl. Sessions Judge, Ratangarh in Criminal Revision No.25A/2004 whereby the revisional Court set aside the order dated 3.7.2004 passed by the Addl. Chief Juditial Magistrate, Ratangarh by which he had taken cognizance of offences under Sections 467, 468, 420, 471 and 120B, I.P.C. against non-petitioners No.2 to 6.

(3.) According to facts of the case, a complaint was filed by the petitioner before the Court of first instance on 25.3.2003 against non-petitioners No.2 to 6 alleging that a school of Rajiv Gandhi Swam Jayanti Pathsala was sanctioned at the south of the town of Rajaldesar which is accordingly within the municipal limits of Rajaldesar. One appointment of a Shiksha Sahayogi was to be made in the said school by the Municipal Council, Rajaldesar; but, the non-petitioners No.3 and 4 issued a forged certificate showing the school in the limits of Gram Panchayat Simsia and mala fide non-petitioner No.6 appointed non-petitioner No.2 as Shiksha Sahyogi in the month of July 2002. The Court of first instance sent the complaint for investigation and, after investigation, the police filed negative final report in the matter. However, upon protest petition filed by the petitioner, after hearing arguments, the learned Magistrate chose to take cognizance of offences against non-petitioners No.2 to 6 as afore-noted. 3A. It is submitted by learned counsel for the petitioner that revisional Court has erred in law in setting aside the order of cognizance. It is contended by learned counsel for the petitioner that the trial Court appreciated evidence upon the protest the petition filed by him in right perspective and, therefore, cognizance of the offences was taken against the non-petitioners, however, the learned revisional Court has ignored the material evidence available on record and set aside the order of cognizance.