- (1.) The accused-petitioners have filed this Criminal Misc.Petition under Section 482 Cr.P.C. against the order dated 24.7.2015 passed by the Additional Sessions Judge, Kaman (District Bharatpur) in Criminal Revision Petition No.2/2015 whereby the learned revisional Court by dismissing the revision petition filed by the petitioners upheld and affirmed the order dated 17.11.2014 passed by the Additional Chief Judicial Magistrate, Kaman in Criminal Case No.577/2014 whereby learned trial Court took cognizance against the petitioners for offences under Sections 323,341 and 307 read with Section 34 IPC.
(2.) Brief relevant facts for the disposal of this petition are that FIR No.655/2013 came to be registered on 07.11.2013 at Police Station Kaman (District Bharatpur) against the petitioners at the instance of respondent-complainant for offences under Sections 343,341,323,336 and 504 IPC and after investigation negative final report was filed before the trial Court. On notice being issued, respondent appeared before the trial Court and filed protest petition, but she did not choose to produce evidence in support of the protest petition. Learned trial Court after considering the FR and the evidence collected during investigation disagreed with the conclusion arrived at by the investigating agency and by way of impugned order dated 17.11.2014 took cognizance against the petitioners for offences under Sections 323,341, 307 read with Section 34 IPC and ordered to summon them by way of warrant of arrest. Feeling aggrieved with the aforesaid order, petitioners filed revision petition before the learned revisional Court, but without any success.
(3.) Firstly, it was submitted by the learned counsel for the petitioners that once protest petition was filed by the respondent, trial Court was bound to treat it as complaint and record statement of respondent under Section 200 and her witnesses under Section 202 Cr.P.C. and then to decide whether any offence is made out against the petitioners or not and whether process is to be issued against them but learned trial Court took cognizance on the basis of negative final report and the evidence collected during the course of investigation and the procedure adopted by the Court is not in accordance with law and, therefore, order of cognizance is liable to be set aside on this ground alone.;