DAMODAR Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) This misc. petition is directed against the order dated 14.5.97 passed by the Addl. Sessions Judge, Churu whereby he allowed the revision petition filed by the respondents and quashed the order of taking coqnizance by the Magistrate.

(2.) Mr. Shah contends that the approach of the Addl. Sessions Judge is wholly erroneous and the Magistrate was well within his jurisdiction to take cognizance against the respondents on the basis of the complaint filed by the petitioner. He places reliance on the case of Bhoj Raj Singh Vs. State of Raj. 1994 Cr.L.R. (Raj.) 221 .

(3.) Mr. Kumbhat, learned counsel for the respondents nos. 2 to 4 submits that the cognizance against the left out accused persons could be taken only under section 319 Crimial P.C. and as evidence had not been recorded in the case, the cognizance order is not sustainable and the learned Sessions Judge has rightly allowed the revision filed by the respondents. He relies on the base of Smt. Lalita Vs. State of Raj. 1996 RCC 580 .