A.J. JAISINGHANI Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Cognizance has been taken by the learned Judicial Magistrate No. 1, Udaipur for the offence under Sec. 379, I.P.C. The complainant himself has refiled from his earlier version. Besides that even the facts or otherwise do not warrant taking cognisance for the offence u/s 379 I.P.C. The petitioner himself was the landlord of the building in question and shutter was removed for the purpose of repair. Thus, the order for taking cognisance is liable to be quashed and set aside.

(3.) Accordingly, this revision petition is allowed and the order dated 8.12,81 of the learned Magistrate is quashed and set aside. Revision allowed.