RAGHUNATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) S. B. Criminal Revision Petition No. 321 of 1987 and S. B. Criminal Misc. Petition No. 95 of 1987 involve a common question and, therefore, I propose to decide them by a common order.

(2.) IN both these cases, F. Rs. were submitted by the Police after investigation and the learned trial court took cognizance against the accused-persons regarding certain offences which were prima-faciely made out against them. IN S. B. Criminal Revision Petition No. 321 of 1987, the cognizance was taken against the accused-petitioners under ss. 147, 148, 323 and 325/149 IPC whereas in S. B. Criminal Misc. Petition No. 95 of 1987, the cognizance was taken against the accused-petitioner under ss. 426 and 379 IPC.

(3.) IN the following cases, an order of the Magistrate issuing process against the accused can be quashed or set aside: (1) Whether the allegations made in the complaint or the statements of the witnesses recorded in support of the same taken at their face value make out absolutely no case against the accused or the complaint does not disclose the essential ingredients of an offence which is alleged against the accused; (2) Where (the allegations made in the complaint are patently absurd and inherently improbable so that no prudent person can ever reach" a conclusion 'that there is sufficient ground for proceeding against the accused; (3) Where the discretion exercised by the Magistrate in issuing process is capricious and arbitrary having been based either on no evidence or on materials which are sholly irrelevant or inadmissible; and (4) Where the complaint suffers from fundamental legal defects, such as, want of sanction or absence of complaint by legally competent authority and the like. " I need not go into these illustrations because this point has not been raised before me as to in which circumstance, the process issued under s. 204 Cr. P. C. should be quashed.