LAWS(RAJ)-2019-3-10

UDAI SINGH Vs. STATE OF RAJASTHAN

Decided On March 05, 2019
UDAI SINGH Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 Crimial P.C. praying that the order dated 15.12.2015 passed by Additional Session Judge, Sawai Madhopur in Cr. Revision No.265/2012 whereby the court accepted the Criminal Revision filed by the respondent no.2, be set aside.

(2.) It is submitted that the revisional court below committed a grave error to set aside the order dated 27.8.2012 passed by the Judicial Magistrate, First Class, Bonli, Sawai Madhopur, whereby the said court in Complaint No.24/2010 had refused to take cognizance of offences against the petitioner for offences under Sections 166, 167, 193, 195, 196 Penal Code for want of prosecution sanction.

(3.) It is further prayed that the subsequent order dated 2.4.2016 passed by the court of Judicial Magistrate, Bonli, Sawai Madhopur, whereby the said court had taken cognizance of offences under Sections 166, 167, 193, 195 and 196 IPC, be set aside, as the said court had committed a grave error to take cognizance of offences under Sections 193, 195 and 196 Penal Code in view of Sec. 195 Crimial P.C., which prescribes bar to prosecute the accused for offences under Sections 193, 195 and 196 Penal Code except upon complaint in writing by the said court.