PREMA RAM Vs. STATE AND ANOTHER

JUDGEMENT

(1.) Heard the learned counsel for the petitioners, learned Public Prosecutor and the learned counsel for non - petitioner No.2.

(2.) This petition under Section 482 Cr. P.C. is directed against the order dated 8- 7 -1996 passed by the learned Civil Judge (Senior Division) and Additional Chief Judicial Magistrate, Bheenmal on final report No. 72/95 of Police Station Bheenmal District Jalore. By the aforesaid order the learned Additional Chief Judicial Magistrate took cognizance of the offences under Sections 458, 494. 498-A and 323 read with 109 I.P.C.

(3.) The learned counsel for the petitioners has submitted that in this case after conducting an investigation the Police submitted a final report showing that the offence under Section 323 I.P.C. only had been committed and the learned Additional Chief Judicial Magistrate without sufficient grounds took cognizance and proceeded against the petitioners in respect of the offences under Sections 458, 494, 498-A 323 and with 109 I.P.C. He has, therefore, prayed that the impugned order dated 8-7-1996 be quashed under Section 482 Cr. P.C.