RAM KUMAR Vs. BHATA RAM

JUDGEMENT

(1.) HEARD learned Counsel for the parties. Briefly stated the facts of the case are that complainant -petitioner filed a complaint, which was forwarded for investigation under Section 156(3) of the Code of Criminal Procedure, wherein, after investigation of the case, final -report was given. It appears that a notice was given to the complainant but he did not appear and the final -report was accepted. Subsequently, the complainant filed second complainant wherein the statements of complainant and his witnesses were recorded under Sections 200 and 202 of the Code of Criminal Procedure and, on that basis, the learned Civil Judge (Junior Division) & Judicial Magistrate, 1st Class, Udaipurwati, took cognizance against the accused -nonpetitioners No. 1 to 3 for the offence under Sections 342, 330 and 467 of the Indian Penal Code. The said order was challenged by the accused -non -petitioners by way of revision petition before the Sessions Judge, Jhunjhunu, which was allowed by the learned Additional Sessions Judge, Jhunjhunu, vide order dated 05.05.2005 and the order of the trial court taking cognizance was set -aside. Hence, this revision petition has been preferred on behalf of the complainant.

(2.) IT is contended on behalf of the petitioner that the revisional court has committed an illegality in allowing the revision petition of the accused -persons only on the ground that he was debarred from filing the second complaint after acceptance of the final -report, whereas law is settled that second complaint is not barred and the same was rightly entertained by the learned trial court and on the basis of new and additional evidence on the record, the cognizance was taken by the trial court. The revisional court committed an illegality in interfering in the order of the trial court taking cognizance and such order passed by the revisional court is liable to be set aside.

(3.) I have considered the submissions of the learned Counsel for both the parties and also the impugned order as well as the record of the courts below.