JAGDISH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioners on the instant case the police has filed the final report which was accepted by the Magistrate on 12.7.85. Prior to the submission of the final report a direction was given to the police to re-investigated the matter and the matter was re-investigated. After re-investigation the police again filed a final report which was also accepted by the learned Magistrate. Thereafter a protest petition was filed on the basis of which the same Magistrate took cognizance in the matter and issued process against the petitioner.

(2.) The learned counsel for the petitioners submits that in view of the propositions of law laid down in the case reported in 1987 Cr. L.R. 315 & 1987 Cr. L.R. (SC) 571, the Magistrate was not at all competent to take cognizance because the FR has already been accepted by the same Magistrate so in view of the positions of law laid down in the cases (supra). I am also of the opinion that the learned Magistrate was not competent to take cognizance in the matter.

(3.) Accordingly this misc. petition is therefore allowed. The orders dated 21.7.87 passed by the Judicial Magistrate Sikar and 6.11.89 passed by Addl. Session Judge, Sikar are, therefore, set aside and the proceedings are quashed. Proceedings quashed.