Narpat Singh S/O Devi Singh vs State Of Rajasthan
2022 Latest Caselaw 147 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 6192/2020

Narpat Singh S/o Devi Singh and Ors.
                                                                   ----Petitioners
                                   Versus
State Of Rajasthan and Anr.
                                                                 ----Respondents

For Petitioner(s) : Mr. Prameshwar Lal Pilania) Mr. Goverdhan Singh) through VC For Respondent(s) : Mr. Arvind Kumar, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

06/01/2022

By way of filing of the instant miscellaneous petition

challenge has been made to the order dated 09.10.2018 passed

by Additional Chief Judicial Magistrate, Fatehpur Shekhawati,

District Sikar, Rajasthan in a case arose out of FIR No. 66/2017

(FR No. 24/17) whereby learned Magistrate, on a protest made by

the complainant, took cognizance of offence under Sections 323 &

504 IPC and proceeded against the petitioners.

A revision filed against the same has been dismissed vide

order dated 15.10.2020 by learned Additional Sessions Judge,

Fatehpur, District Sikar in Criminal Revision Petition No. 22/2019.

Learned counsel for the petitioners submits that the

allegations leveled by the complainant-respondent against the

petitioners were a counter blast to the FIR lodged at the behest of

the petitioners wherein the complainant party was chargesheeted.

The FIR lodged at the instance of the complaint was thoroughly

investigated by the Police and thereafter, a negative final report

(2 of 2) [CRLMP-6192/2020]

came to be submitted before the learned Magistrate wherein after

hearing learned counsel for the complainant, the impugned order

has been passed.

Learned counsel further submits that after conducting

thorough investigation, a detailed negative final report was

submitted, however, the learned Magistrate before proceeding to

take cognizance of the offence, has not considered the grounds

made by the Investigating Officer in the FR. Learned counsel has

placed reliance on the following judgments:- Gopal Sharma &

Ors. v. State of Rajasthan [(2005) 3 RCD 473 Rajasthan];

Bhagwan Sahai Khandelwal v. State of Rajasthan & Anr.

[(2006) 1 RLW 640]; Javed Akhtar v. State of Rajasthan

[(2007) 1 RCC 74]; Narendrapal Kotadia & Ors. v. State

[(2004) 3 RLR 92].

In view of the above, it is imperative upon the learned

Magistrate to consider the grounds of final report before taking

cognizance of the offences.

The matter requires consideration.

Issue notice.

Learned Public Prosecutor accepts notice on behalf of the

State.

Issue notice only to the respondent No. 2.

List the matter after eight weeks.

In the meanwhile, further proceeding in the matter shall

remain stayed.

(FARJAND ALI),J

SAHIL/16

Powered by TCPDF (www.tcpdf.org)