DHAN BAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT Misc. petition impugns the order dated July 8, 1997 of the learned Sessions Judge, Alwar whereby criminal revision preferred by the non-petitioners No. 2 to 6 (for short the accused) was allowed and cognizance of offences under Secs. 494 and 120B of the Indian Penal Code taken by the Special Judicial Magistrate Alwar against the accused on Feb. 23, 1993 was set aside.

(2.) THE complainant-petitioner (for short the complainant) instituted a complaint against the accused under Sections 494 and 120B of IPC in the court of Special Judicial Magistrate Alwar on November 5, 1992. Learned Magistrate forwarded the complaint under section 156(3) Cr.P.C. to Police Station Pratapgarh for investigation. A report, after investigation was filed by the police station and the learned Magistrate on Feb. 23, 1993 took cognizance of the offences under Sections 494 and 120B IPC against the accused persons. The said order was called in question by the accused persons by filing revision before the learned Sessions Judge, Alwar.

(3.) I have bestowed my thoughtful consideration to the rival contentions and carefully scanned the impugned order and the legal position.