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Judgment
This misc. petition has been preferred on behalf of
petitioners complainant seeking to assail the order dated
20.9.2012 passed by learned Judicial Magistrate, Dungarpur
whereby the negative final report submitted by the police after
investigation of the F.I.R. No. 211/2011 P.S. Dungarpur at the
petitioners'' instance was accepted and the order dated
12.12.2013 passed by learned Sessions Judge, Dungarpur
whereby the order passed by learned Magistrate was affirmed.
On a perusal of the orders under challenge it is apparent that
the learned Magistrate provided opportunity of hearing to the
petitioners and thereafter adverted in detail to the grounds of
challenge laid to negative final report and passed a well reasoned
order rejecting the protest petition and accepted the negative final
report. The petitioners challenged the said order by way of a
revision albeit without impleading the proposed accused as
respondent therein. The Revisional Court affirmed the order
passed by the learned Magistrate by a detailed order dated
12.12.2013. Ex-facie after going through the orders passed by the
Courts below, I am of the firm opinion that both the orders are
based on apt and apropos consideration of the material available
on record. Two courts of competent jurisdiction have recorded
concurrent findings of fact while accepting the negative final
report and rejecting the petitioners'' protest petition and the
revision. In the present misc. petition the proposed accused have
not been arrayed as respondent. Hence, I am not inclined to
exercise inherent powers of this Court under Section 482 Cr.P.C.
so as to interfere in the impugned order.
As a consequence, the instant misc. petition is dismissed as
being devoid of merit.