SAMUNDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this misc. petition aggrieved by order dtd. 9/12/2016 passed by learned Additional Chief Judicial Magistrate, Khetri whereby, application moved by the petitioner for setting aside the order of cognizance dtd. 23/5/2005 and for dropping the entire criminal proceedings pending against the petitioner for offence under Sec. 182 I.P.C. was dismissed.

(2.) It is contended by counsel for the petitioner that on 11/10/2004, accused-petitioner filed a criminal complaint for offence under Ss. 147, 323, 341 and 379 of IPC. Learned Magistrate forwarded the said complaint under Sec. 156 (3) Cr.P.C. to the concerned Police Station Khetri for investigation. Police registered FIR No. 412/2004. Police submitted negative final report and also filed a complaint under Sec. 182 of IPC against the petitioner.

(3.) It is contended that the Court illegally took cognizance of offence under Sec. 182 of IPC. It is also contended that Police had no authority to file a complaint under Sec. 182 IPC as information was not given to the police and police was required only to investigate the case as per directions of the Magistrate and to submit its report to the Magistrate.