BHOJRAL SINGH Vs. STATE & ANR.

JUDGEMENT

(1.) Through this miscellaneous petition under section 482, Crimial P.C., petitioner Bhojraj Singh calls in question the order dated 19.10.1991 of the learned Judicial Magistrate. Raisinghnagar, whereby cognizance was taken against him for the offence under sections 302 & 120-B of Penal Code and a non-bailable warrant was issued against him.

(2.) Mr. Garg, learned counsel for the petitioner, vehemently contended that there is not an iota of evidence against the petitioner on which process could be issued. Pointing out that the learned Magistrate has not recorded any reason in his order to issue process, the reiterated that the order is not founded on any material whatsoever. He submitted that the impugned order should be quashed.

(3.) The learned Public Prosecutor was not in a position to support the order. He pointed out that the police had given final report as there was no material against the petitioner connecting him with the crime.