SRIRAM AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C., 1973 to assail the order dated 4.12.2012 passed by Additional Chief Judicial Magistrate, No. 2, Badi, Dholpur whereby cognizance of offence under Section 406 IPC was taken against the petitioners and they were summoned to stand trial for offence under Section 406 IPC. Aggrieved against the same, the petitioners filed a revision petition and the said revision petition was also dismissed.

(2.) Mr. D.K. Garg, learned counsel for the petitioners has submitted that the investigating agency had filed Final Report in negative form and thereafter, upon the protest petition preferred by the complainant, the trial Judge proceeded under Chapter XV of Code of Criminal Procedure and recorded preliminary evidence of the complainant and his witnesses. The learned counsel for the petitioners has contended that it was incumbent for the court of Magistrate to give reasons to differ with the opinion of the investigating officer before taking cognizance of offence against the petitioners.

(3.) The learned counsel for the petitioners, in support of his arguments raised, has relied upon a judgment rendered by Single Judge of this Court in Pooran v. State of Rajasthan, 2006 (1) RCC 485 and another judgment rendered by Single Judge of this Court at Principal Seat at Jodhpur in Madan Lal and 2 Ors. v. State of Rajasthan and Anr., 2004 (1) RCC 266.