VIJAY KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

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

(2.) It is contended by learned counsel that police after thorough investigation submitted a final report against the petitioner only, but the learned Civil Judge (Junior Division) cum Judicial Magistrate, 1st class, Gharsana has taken cognizance against him for the offences under Sec. 341, 323 Penal Code and under Sec. 3(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, Learned counsel contends that there was no evidence to take cognizance against the petitioner.

(3.) Learned counsel further contends that in the facts and circumstances, there was no justification to issue a non- bailable warrant for the arrest of the petitioner.