LAWS(RAJ)-2007-7-156

DARBARA SINGH Vs. STATE OF RAJASTHAN & ANR.

Decided On July 26, 2007
DARBARA SINGH Appellant
V/S
State Of Rajasthan And Anr. Respondents

JUDGEMENT

(1.) By the instant Criminal Misc. Petition under Sec. 482 Cr.P.C, the accused-petitioner has challenged the Order dated 30.8.2006 passed by the Additional Sessions Judge, Shri Karanpur (for short "the Revisional Court" hereinafter) whereby the Revision Petition filed by the petitioner against the order dated 27.4.2006 passed by the Additional Chief Judicial Magistrate, Shri Karanpur (for short "the trial Court" hereinafter) was dismissed.

(2.) I heard the learned counsel for the parties and perused the order passed by the Courts below.

(3.) The facts and circumstances giving rise to instant petition are that the non-petitioner No. 2 - Subhash Bhateja filed a complaint before the trial Court which was sent to Police Station, Shri Karanpur for investigation under Sec. 156(3) Crimial P.C. After investigation, the police filed the Final Report. On protest petition filed by the non-petitioner No. 2, the trial Court took the cognizance of offence under Sec. 420 I.P.C. and issued the process, that order came to be challenged by the petitioner before the Revisional Court. The Revisional Court on consideration of the entire material including the statement of the complainant under Sec. 200 Crimial P.C. and the statement of witnesses produced by complainant under Sec. 202 Crimial P.C. prima facie came to conclusion that there is sufficient material to proceed against the petitioner for the offence noticed above. Hence, this petition.