- (1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners against the order dated 21.3.2014 passed by the Additional Sessions Judge, Bali, District Pali (hereinafter referred to as 'the revisional court') in Criminal Revision No.34/2012 filed on behalf of the petitioners whereby the revision petition was dismissed by the revisional court.
(2.) The petitioners have also challenged the order dated 26.9.2012 passed by the Additional Chief Judicial Magistrate, Bali, District Pali (hereinafter referred to as 'the trial court') whereby cognizance was taken against the petitioner No.1 for the offence punishable under Section 376 I.P.C. and against the petitioner No.2 for the offence punishable under Section 376/120-B I.P.C.
(3.) On the basis of complaint filed by the respondent No.2 before the trial court, the police registered an FIR No.33/2011, dated 11.4.2011 at Police Station Falna against the petitioners for the offence punishable under Section 376, 420 and 120-B I.P.C. After conclusion of the investigation, the police filed negative final report before the trial court while concluding that the allegations levelled in the FIR by the respondent No.2 are false. The respondent No.2 filed protest petition before the trial court and the trial court after taking into consideration the evidence collected by the police during the course of investigation and the conclusions arrived at by the police, has held that the grounds on which the negative final report has been given by the police are not proper in view of the cogent evidence available against the petitioners for commission of offences punishable under Sections 376 I.P.C. & 376/120-B I.P.C. and, therefore, it took cognizance against the petitioners for the offences punishable under Sections 376 and 376/120-B I.P.C. and summoned the petitioners through arrest warrant.;