CHAMPA LAL Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This criminal revision is directed against the order dated 30.S.96 passed by the Judicial Magistrate, Siwana whereby he accepted the Final Report in C.R. No. 41/92 PS. Samdari and refused to take cognizance against the respondents.

(2.) Mr. Mohanani contends that in the order the learned Magistrate has not discussed the evidence recorded under section 200 and 202 Cr.PC., therefore, the order is ex facie illegal. He points out that the petitioner was the President of the Trust and contends that trust property was in his possession and as the respondents broke open the locks and took away the articles lying in the trust building they have committed the offence.

(3.) Mr. Garg, on the other hand, points out that the learned Magistrate has considered the evidence recorded in the enquiry under Chapter XV Cr.PC. and contends that there is no cause to interfere in the order of accepting the F.R. more so when dispute, if at all, is of civil nature.