PRADEEP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a revision petition filed against the order of learned Addl. Chief Judicial Magistrate No. 3, Udaipur by which he took cognizance against the petitioner for offence under Sec. 39 of the Indian Electricity Act, 1910 on a final report submitted by the police.

(2.) I have heard the learned councel for the petitioner as well as learned P. P. for the State and perused the record of the case.

(3.) TO say that no offence is committed by the accused petitioner and hence the order of taking cognizance may be quashed is not a tenable argument. TO say that the order may be set aside in revisional jurisdictional is not acceptable in the facts and circumstances of this case. Learned Magistrate after applying his mind has taken cognizance on the final report and I am not inclined to interfer with the order of the learned Magistrate in revisional jurisdiction.