CHHOGA RAM Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) To challenge the order dated 7.11.207 passed by learned Judicial Magistrate No.2, Pali, rejecting an application under Section 190 Cr.P.C., this revision petition under Section 397 read with 401 Cr.P.C. is preferred.

(2.) In brief, facts of the case are that at the instance of the petitioner a case was registered at Police Station, Sadar, Pali. As per the averments contained in the information Satu Ram s/o Budha Ram, Budha Ram s/o Pannaji, Kishna Ram s/o Budha Ram, Smt. Paka w/o Budha Ram, Deva Ram s/o Pannaji, and Raju s/o Deva Ram forcibly taken away niece of the complainant alongwith them in a jeep. Acting upon the information received, investigation was initiated and the accused persons were arrested. However, ultimately only Satu Ram and Shrawan were charge sheeted for the offences under Sections 363, 366-A and 376 IPC. A negative final report was filed relating to the remaining persons viz. Budha Ram, Kishna Ram, Smt. Paka, Deva Ram and Raju.

(3.) An application thereafter was filed under Section 190 Cr.P.C. before learned Magistrate for taking cognizance against the non-petitioners but that came to be rejected by the order impugned. Learned Judicial Magistrate while rejecting the application held that the investigation made by the police cannot be treated unreliable or bias and also that the statements given by Rekha under Section 164 Cr.P.C. cannot be held as a last truth at this stage.