ASHOK KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) One Ratanchand filed a complaint before the learned ACJM No.3, Jaipur City, Jaipur, for taking action, against the accused-petitioners, for having committed offences u/ss 420, 467, 468, 471, 384, 453 & 120B, IPC. The learned Magistrate forwarded the complaint to the Police Station concerned, u/s. 156, Cr. P.C. A case was registered with the police. After the necessary investigation, the police found that the accused-petitioners have prima facie committed offences u/ss. 147,341 & 323, IPC and, therefore, a charge-sheet (challan) was submitted before the learned Magistrate. The learned Magistrate, on the same date, received the challan from the police, against the accused-petitioners. He took cognizance against them, for offences u/ss. 147,341 & 323, IPC. The substance of accusation was read over to them. They pleaded not guilty. The learned Magistrate proceeded to summon the prosecution witnesses, for the evidence. Now, the case is fixed for recording of the evidence on 17-2-1999. Feeling aggrieved thereby, this petition u/s. 482, Cr. P.C. has been preferred by the petitioners.

(2.) I have heard the arguments of both the sides.

(3.) The main grievance of the accused-petitioners, seems to be that the learned Magistrate has taken cognizance and proceeded with the trial, summoning the prosecution witnesses, without any opportunity being given to them, to show that no case is made out against them.