VIMLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been filed under Sec. 397/401 Cr.P.C. against the order dtd. 10/1/2018 passed by the learned Additional Sessions Judge, Churu Camp Sardarshahar whereby the learned revisional court allowed the revision filed by the accusedrespondents and set aside the order of taking cognizance passed by the learned Judicial Magistrate, Sardarshahar on 17/12/2013.

(2.) Counsel for the petitioner submits that at the stage of cognizance, meticulous discussion of the evidence is not necessary and only cognizance is required to be taken on the basis of initial statement of victim recorded under Sec. 200 Cr.P.C. and inquiry made under Sec. 202 Cr.P.C. The learned revisional court while passing the impugned order has not considered the statements recorded under Ss. 200 and 202 Cr.P.C. in correct perspective, thus the order of revisional court is per-se illegal and the same is liable to be set aside. In support of his contentions, the counsel has relied upon the judgment of the Hon'ble Supreme Court in the case of Ajay Mehra and Anr. v. Durgesh Babu and Ors. [2003 SCC (Cri) 1530].

(3.) Per contra, learned counsel for the accused-respondents submits that the order of revisional court is perfectly justified and no interference is called for.