MANGU KHAN Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) Complainant-Petitioner by the instant revision petition has given challenge to order dated 31st March 2016, passed on revision petition of the accused-respondent by Addl. Sessions Judge, Balotra (for short, learned Court below ). By the order impugned, learned Court below has set aside order of cognizance against him for offence under Section 147, 447, 341, 323, 354, 435, 427, 312 & 120-B IPC vide order dated 17.04.2013.

(2.) The facts apposite are that petitioner-complainant feeling dismayed with the reluctance of SHO PS Samdari to register FIR for aforesaid offences, laid a criminal complaint under Section 156(3) Cr.P.C. before Judicial Magistrate, Siwana (for short, learned trial Court ). The learned trial Court on receipt of complaint passed order for investigation. After completion of investigation, police submitted final report before learned trial Court under Section 173 Cr.P.C. with a conclusion that no case is made out against persons named in the complaint. Upon receipt of negative final report, learned trial Court proceeded to examine complaint under Section 200 Cr.P.C. Subsequently, on the basis of material available, learned trial Court took cognizance against the petitioner and others for aforementioned offences.

(3.) Feeling aggrieved by the order of learned trial Court, petitioner preferred a revision petition before learned Court below.