Anwar Mohd. and Others vs State of Rajasthan and Others

Shyam Sunder Byas, J.—Heard and perused the record. The police submitted the negative final report in the Court of the learned Munsif and Judicial Magistrate, Chittorgath. On a protest petition filed by the complainant, the learned Magistrate took cognizance of the offence u/s 406 IPC against the three accused-petitioners. It was open to the learned Magistrate to peruse the case diary and see whether an offence was prima-facie made out against the accused-petitioners or not. He bad powers to disagree with the conclusions of the Investigating Officer and to take cognizance of the offence. No. illegality has been pointed out in the impugned order by the learned counsel for the petitioner.

It may be observed that it will be open to the accused-petitioners to put appearance in the Court below and contend before him that since no offence has made out, they should be discharged.

With the above observations, this application u/s 482 Cr.PC is dismissed.