TARACHAND Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) This petition filed under section 482 Criminal Procedure Code, has been preferred against the order dated 18.5.89 passed by the learned Sessions Judge, Bali, whereby he dismissed petitioner's revision petition and affirmed and order dated 16.10.85 of the learned Additional Chief Judicial Magistrate, Bali taking cognizance against the petitioner for the offences under sections 447,426,166,167 Indian Penal Code.

(2.) Briefly the relevant facts for the disposal of this petition are that on 12.11.84 complainant Bhik Singh filed a criminal complaint in the Court of learned A.C.J.M., Bali against petitioner Tara Chand, who was posted at that time as Tehsildar, Bali, Ram Karan, the then Inspector Land Records, Sevari and Man Singh for the offences under sections 447, 426, 166 & 109 Indian Penal Code. The learned A.C.J.M. transmitted the said criminal complaint under section 156(3) Criminal Procedure Code. to the S.H.O., Police Station, Bali for registration of the case and investigation. The S.H.O. after completion of the investigation submitted a final report dated 25.1.85. Complainant Bhik Singh filed a protest petition dated 5.4.85. The learned A.C.J.M. after hearing the parties and perusing the evidence collected by the Investigation Officer and other relevant documents by his order dated 16.10.85 took cognizance against the petitioner as also against co-accused Man Singh & Ram Karan for the afore-mentioned offences. Aggrieved by the said order, the petitioner filed a revision petition before the learned Additional Sessions Judge, Bali, who by his order I dated 10.5.89 dismissed the same. Hence this petition.

(3.) Non-petitioner complainant Bhik Singh despite personal service has preferred I to remain absent.