- (1.) The present misc. petition has been filed assailing the cognizance order dated 01.06.2006, passed by the Additional Chief Judicial Magistrate, Srimadhopur, Distt. Sikar, as affirmed in revision by the order dated 22.02.2007, passed by the Additional Sessions Judge (Fast Track) No.2, Sikar.
(2.) Assailing the said order, the learned counsel for the petitioners has submitted that before proceeding to take cognizance on the final report submitted by the Police, it was obligatory for the learned Magistrate to have given reasons as to why he was disagreeing with the reasons given in the final report. It has further been submitted that the learned Magistrate has simply made bald observation that he had considered the statements recorded under Section 161 Cr.P.C, but he has not touched the reasons given by the Investigating Agency before proceeding to take cognizance. The counsel has also relied upon the decision of this Court rendered in the case of Bhagwan Sahai Khandelwal & Ors. v. State of Rajasthan, 2006 2 RajCriC 853.
(3.) I have heard the learned counsel for the petitioners and the learned Public Prosecutor and have perused the order impugned.;