ASHOK NAGAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has filed this misc. petition under Section 482 Cr. P. C. against the order dated 7. 8. 2007 passed by Chief Judicial Magistrate, Jhunjhunu in criminal case No. 782/2002 whereby learned Magistrate has held that there is no necessity of pre-charge evidence.

(2.) THE facts as described in the petition are that the respondent No. 2 filed a complaint before Chief Judicial Magistrate, Jhunjhunu under Sections 498-A and 406 IPC. THE complaint was sent for investigation to Kotwali, Jhunjhunu under Section 156 (3) Cr. P. C. After the usual investigation the police submitted a negative FR in the matter. THE matter was referred to the police for re-investigation. However, the police again submitted negative FR. THE complainant then filed protest petition before Chief Judicial Magistrate, Jhunjhunu. On the said protest petition the statements were recorded under Sections 200 and 202 Cr. P. C. and on the basis these statements by order dated 18. 9. 2002 cognizance was taken against the petitioners of the offences under Sections 498-A, 406 IPC. By order dated 26. 10. 2004 learned Chief Judicial Magistrate fixed the case for pre-charge evidence. However, on 7. 8. 2007 learned Chief Judicial Magistrate has passed the impugned order and has held that there is no necessity of pre-charge evidence.

(3.) CONSEQUENTLY, this petition is allowed, the impugned order dated 7. 8. 2007 passed by Chief Judicial Magistrate, Jhunjhunu is set aside and it is directed that learned Chief Judicial Magistrate, Jhunjhunu shall follow the procedure prescribed for the trial of the warrant cases instituted otherwise than on a police report in the light of the observations made hereinabove. It is also directed that he shall make all efforts to conclude the trial at the earliest. .