RAGHUVEER SHARAN AGARWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE brief facts relevant for the purpose of disposal of this misc. petition filed under Section 482 Cr. P. C. are that on filing of a challan by the police station Vishvakarama, Jaipur against the accused Kalyan Singh and Rajendra Sharma under sections 287, 338 IPC an order of taking cognizance was passed by the Magistrate on 5. 11. 1997. THEreafter APP filed an application on 7. 1. 1998 stating therein that the company and its owner are equally responsible and, therefore, cognizance be taken against the petitioners also. After hearing the parties the Magistrate by order dated 23. 2. 1998 took cognizance against the petitioners of the offence under Sections 287 and 338 IPC and issued bailable warrants against them. THE petitioners then filed an application under Section 204 Cr. P. C. for recalling the above order which was dismissed by the Magistrate by order dated 14. 11. 2000. THE petitioners filed a revision petition against the above order which was dismissed by order dated 5. 3. 2002 passed by Special Judge (counterfeiting coin cases), Jaipur City, Jaipur in criminal revision No. 38/2000. Aggrieved by the above order the petitioners have filed this misc. petition.

(2.) HEARD learned counsel for the petitioners and learned public prosecutor.

(3.) FOR the reasons stated above I am of the opinion that the trial Court is competent to proceed against the petitioners in accordance with law.