KAILASH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the order dated August 14, 1980 of the Munsif and Judicial Magistrate, Choti Sadari, directing the Station House Officer, Choti Sadari, to register a case against the petitioner for not producing the truck in Court which had been given on superdgi to him.

(2.) In connection with the criminal Case No, 29J/1977, State v. Ajmal Mir Khan, in which Ajmal Mir Khan was being tried for the offence under sections 304-A and 279 IPC, the truck bearing No. R/H 1577 was given on Superdginama to the petitioner on April 29, 1977. The Judicial Magistrate, Chhoti Sadari, by his order dated April 11, 1979, directed that the truck be produced in Court on April 27, 1979, but the truck was not produced on the date fixed and the petitioner submitted that it had been given to one Basanti Lal with a stipulation that he would produce the same in the Court as and when required. The Judicial Magistrate, by the order dated August 14, 1980, directed that a first information report be lodged against the petitioner at the Police Station, Chhoti Sadari an a the Station House Officer of that Police Station be directed to register a case against the petitioner. Aggrieved by the aforesaid order, the petitioner has filed the present revision petition in this Court.

(3.) Mr. M.M. Singh learned counsel for the petitioner has submitted that the case in which the truck was given on Superdginama has itself come to an end and the accused, in that case has been acquitted. He has further submitted that the truck was supsequently produced in the Court on May 1, 1982, by the efforts of the petitioner himself. The learned Counsel submitted that in these circumstances it would not be expedient to prosecute the petitioner now.