- (1.) THIS Criminal Misc. Petition has been filed by the petitioner against the order dated 10.12.2013 passed by the District and Sessions Judge, Jaisalmer (hereinafter referred to as 'the revisional court') in Criminal Revision Petition No.57/2012, whereby the revisional court dismissed the revision petition filed by the petitioner and maintained the order dated 27.08.2012 passed by the Chief Judicial Magistrate, Jaisalmer (hereinafter referred to as 'the trial court') in Criminal Case No.233/2012 ­ State of Rajasthan V/s. Kamal Acharya (arising out of FIR No.109/2007 of Police Station Kotwali, District Jaisalmer). The learned trial court vide order dated 27.08.2012 took cognizance against the petitioner for the offences punishable under Sections 409 IPC and summoned the petitioner through arrest warrant.
(2.) IT is contended by the learned counsel for the petitioner that though there is no evidence available on record to take cognizance against the petitioner for the aforesaid offence, the learned trial court has illegally took cognizance against the petitioner vide order dated 27.08.2012. The learned counsel for the petitioner has further argued that the revisional court has also passed the order dated 10.12.2013 in mechanical manner and dismissed the revision petition of the petitioner illegally. Per contra, learned Public Prosecutor has contended that there is no illegality in the impugned orders passed by the courts below. Heard learned counsel for the parties and perused the impugned orders.
(3.) FROM the perusal of the impugned orders, it is apparent that the learned courts below have taken into consideration in detail the investigation conducted by the police and has found prima facie case against the petitioner.;