SAXENA,j. - (1.) PETITIONER Jan Mohd. has filed petition under Section 482 Cr. P. C. against the order dated 23. 9. 1989 passed by the learned Munsif &. Judicial Magislralc, Makrana whereby after conducting enquiry under Sections 200 and 202 Cr. P. C. on [he criminal complaint Tiled by Abdul Rehaman, he look cognizance against Jan Mohd for the offences under Sections 147, 323, 336 341/149 I. P. C. and againsl co-accused persons Molhd Rafi, Narayan, Hanuman and Mangu for the offences under Sections 147, 323, 341 read with section 149, IPC and ordered for issuance of summons against the said accused persons.
(2.) PETITIONER Abdul Rehaman has filed petition under Section 482 Cr. P. C. against the order dated 18. 4. 1988 passed by the learned Munsif & Judicial Magislrate Makrana in F. R. No. S8/86, Police Station, Makrana whereby the said Final Report was accepted. Since both the peetitions arise out of the same incident and are inter-connected those are being disposed of by this common order. Briefly the relevant facts are that on the report of Adbul Rehaman dated 26. 7. 1986, a Criminal Case No. 156/86, Police Station, Makrana was registered against Jan Mohd. Kabir, Narayan, Hanuman Mali and Mangu for an incident which occurred on 26. 7. 1986 After investigation, the Police submitted Final Report No. 88/86 which was accepted by the learned Munsif & Judicial Magistrate, Makrana by his order dated 18. 4. 1988. It appears that the notice of the F. R. was sent to the complainant Abdul Rehman but same returned unserved and the learned Magistrate without hearing the Complainant accepted the said F. R. Thereafter, on 30. 5. 1988, Abdul Rehman filed a criminal complaint against the aforementioned accused petitioner and other co-accused persons in respect of the same incident dated 26. 7. 1986. The learned Magistrate examined Abdul Rehman under Section 200 Cr. P. C. and his witnesses Pokar Ram and Mohd. Safi under section 202 Cr. P. C. and vide impugned order dated 23. 9. 1989 took cognizance against petitioner Jan Mohd. and other accused persons. The contention of Shri N. S. Bhali is that once the learned Magistrate had accepted the F. R. which was a judicial order, he had no jurisdiction to take cognizance against the petitioner and other accused persons on the basis of the criminal complaint filed by Abdul Rehman which was belated. He has also asserted that before taking cognizance, the learned Magistrate ought to have issued notice to the petitioner. In support of his contention he has placed reliance on Kishan Lal v. State of Raj. 0 ). In my considered opinion, both the arguments submitted by Shri Bhati are misconceived and must abort.
(3.) IN Gopal Vijay Verma v. Bhuneshwar Prasad Sinha and Ors. (2), it has been held that the Magistrate is not debarred from taking cognizance on a complaint merely on the ground that he had earlier declined to take cognizance on a police report. Therefore, acceptance of F. R. is no bar for taking cognizance about the same incident by the Magistrate under Section 190 (1) Cr. P. C. if on the Criminal complaint and after holding enquiry under Sections 200 and 202 Cr. P. C!. he finds prima facie that some offence is made out. In Janki Prasad vs. State of Raj & Ors (3) a similar view has also been taken by this court. In the case on hand, the notice of the F. R. was not served on complainant Abdul Rehaman and the learned Magistrate without affording him an opportunity of hearing, had accepted the F. R. ;