KANTA BHATNAGAR, J. - (1.) IN this revision petition the petitioners have challenged the legality and correctness of the order dated January 23, 1981 passed by the Munsif and Judicial Magistrate, Jalore by which cognizance against the petitioners for the offences under Sections 366, 376 and 379 I. P. C. was taken.
(2.) ONE Kana had filed a report at Police Station Ahore to the effect that his daughter Smt. Kasu has been kidnapped by the accused-petitioners and was traced out after three days. The police filed Final Report in the case. The learned Magistrate did not accept the Final Report and took cognizance against the petitioners as stated above and ordered for their attendance through warrant of arrest. Mr. Doongar Singh, learned counsel for the petitioners strenuously contended that from the statement of the prosecutrix and the Medical Report, no case is made out and the learned Magistrate should not have taken cogniz-ance against the petitioner merely on the ground that the Final Report dated February 28, 1979 had been submitted for acceptance after about twenty month. It has been urged by the learned counsel that the learned Magistrate without considering the records has arrived at a conclusion that the concerned officer has produced material subsequently in order to make the prosecution case week. The Final Report does not find place on the record but I have gone through the Final Report available with the learned counsel for the petitioner. The statement of the prosecutrix Smt. Kasu and the Medical Report are there on the record If, upon such evidence, the Police had filed the Final Report, then I do not think that there was material before the learned Magistrate to take cognizance against the petitioners. The learned Public Prosecutor could not convince that it was a fit case in which the learned Magistrate should have taken cognizance. In view of the circumstances of the case evident from the material on record, I do not consider it a fit case in which the learned Magistrate should have proceeded against the petitioners. Resultantly, the revision petition is allowed. The Order dated January, 23. 1981 passed by the learned Munsif and Judicial Magistrate, Jalore taking cognizance against the petitioners is set aside. . ;