- (1.) Mr. Nawal Singh Sikarwar, learned counsel for the petitioners, Mr. G.S. Fauzdar, Public Prosecutor and Mr. Mukesh Kumar Verma, learned counsel for complainant respondent were heard on 05.03.2013 and they had concluded their submissions. But on account of paucity of time, the order could not be completed and therefore, the matter was listed for today.
(2.) By this criminal miscellaneous petition, the accused persons have challenged the order dated 28.08.2012 and prayed that the same be quashed and set aside. Further, it has been prayed that the criminal complaint filed by respondent No.1 be rejected.
(3.) In short, the facts of the case are that respondent No.1 filed a criminal complaint on 10.01.2011 in the Court of Civil Judge (JD) and Judicial Magistrate, Lalsot, District Dausa against the petitioners for the alleged offences under Section 420, 467, 468 and 120-B IPC and with the prayer that an order under Section 156(3) Cr.P.C. be passed to send the complaint to Police Station Rajgarh Pachwara for registration of the report and proceeding against the accused, in accordance to law. Thereafter, on receiving the report from the office, the matter was kept for 11.01.2011. On the next date of hearing i.e. 11.01.2011, the learned court below had ordered that the statement of the complainant needs to be recorded under Section 200 Cr.P.C. and the case was posted for 10.02.2011. Subsequently, for one reason or the other, the statement of the complainant Jagdish could not be recorded and it was only on 07.01.2012, that the same was done. Besides, the statements of the complainant, the statements of his witnesses namely Sitaram and Ramsahai were recorded, on 07.01.2012 itself. Later on, the statement of the another witness of the complainant, namely Ramchandra was recorded on 17.02.2012. The learned court below had then posted the case for argument on cognizance on 16.03.2012. It was on 18.05.2012 that the arguments on cognizance were heard. Thereafter, the impugned order came to be passed on 28.08.2012 whereby the learned court below had ordered that the complaint filed by the respondent Jagdish be sent to SHO, Police Station Ramgarh Pachwara with the direction that he shall register the case and investigate the matter in the light of the complaint and the statements on oath recorded before the court and shall submit the conclusion before the Court. It is informed that subsequent to passing of the said order, the police registered a case (283/2012) for the offence under Section 420, 467, 468 and 120B IPC and after investigation found the case to be one of submitting final report on the ground of absence of incident and false information. On the said final report, recommendation was made by the Superintendent of Police, Dausa on 30.12.2012. Subsequently, Final Report No.102/2012 dated 30.12.2012 was chalked out and the Superintendent of Police, vide letter No.4284 dated 18.02.2013, directed for submitting the same in the court concerned.;