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SAVAL MOHD.& ORS. versus STATE & ANR.

High Court of Rajasthan

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SAVAL MOHD.& ORS. v STATE & ANR. - CRLR Case No. 596 of 2006 [2007] RD-RJ 349 (16 January 2007)

S.B. Cr. Revision Petition No.596/2006

Saval Mohammad & Ors. vs

State of Rajasthan & Anr.

DATE OF ORDER : 16.1.2007

HON'BLE JUSTICE SHRI G.S. SARRAF

Shri JR Beniwal,for the petitioner.

Shri S.N. Tiwari, Public Prosecutor.

Shri Devendra Mahalana, for the respondent no.2.

This revision petition is directed against the order dated 31.5.2006 passed by Judicial Magistrate, First Class, Taranagar whereby he has taken cognizance of the offences under Sections 420 and 120B IPC against the petitioners.

I have perused the complaint and the statements of witnesses recorded under Sections 200 and 202 Cr.P.C. The only allegation against the petitioners in the complaint is that they told the respondent no.2 that he could purchase the disputed property. Even if all the averments made in the complaint are taken to be correct yet the case for prosecution under Sections 420 and 120B IPC is not made out against the petitioners. The complaint does not make any averment so as to infer any fraudulent or dis-honest intention on the part of the petitioners.

No case for prosecution under Sections 420 and 120B IPC is made out even prima facie against the petitioners.

The revision petition is, therefore, allowed and the order of cognizance dated 31.5.2006 passed by the Judicial Magistrate,

First Class, Taranagar, District Churu so far as it relates to the petitioners is set aside.

(G.S. SARRAF), J. cpgoyal/-


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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