KANHAIYALAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant petition has been filed under Sec. 482 Cr.P.C. to challenge the order dtd. 16/2/2019 passed by Additional Chief Judicial Magistrate, Aklera, District Jhalawar, by which cognizance has been taken for the offence under Sec. 457, 376 IPC against the petitioners and they have been summoned through nonbailable warrants.

(2.) It is submitted by the learned counsel for the petitioners that complainant-respondent No.2 had lodged an F.I.R. No.172/2006 at Police Station Aklera. After thorough investigation, Investigation Officer submitted a negative report in the Court. Against the same complainant submitted protest petition and the same was dismissed by the Trial Court against which a revision was filed by the complainant. The same was allowed by the Additional Sessions Judge, Aklera and the matter was remanded back to the Trial Court to decide the matter afresh.

(3.) It is submitted that thereafter by the impugned order learned Trial Court took cognizance for the offence under Ss. 457 and 376 IPC against the petitioners and they have been summoned through non-bailable warrants.