J.R.CHOPRA, J. - (1.) THIS revision petition is directed against the order of the learned Chief Judicial Magistrate, Sri Ganganagar dated 23 -7 -1986 whereby he has taken cognizance against the accused -petitioner for the offence under Section 302/34 IPC and has rejected the application filed under Section 169 Cr.PC by the Inspector, CID, CB, Jaipur for cancelling the prosecution against the accused petitioners.
(2.) THE facts necessary to be noticed for the disposal of this case briefly stated are that the Inspector, CID, CB, Jaipur filed a challan in the court of the learned Chief Judicial Magistrate, Sri Ganganagar against one accused Daljeet Singh. In the challan papers, it was mentioned that further investigation is going on against the accused -petitioners. The learned Magistrate, after considering the material on record, came to the conclusion that on the basis of the material submitted before him, prima facie a case under Section 302/34 IPC is made out against the accused -petitioners and, therefore, he took cognizance against the accused -petitioners of the offence under Section 302/34 IPC. Later on, it appears that after the investigation was completed, the Inspector, CID, CB, Jaipur filed a report under Section 169 Cr.PC that no offence has been made out against the accused -petitioners and, therefore, the prosecution against them should be dropped. The learned lower court, after hearing both the parties rejected that application by the aforesaid impugned order. Hence this revision.
(3.) I have heard Mr. M.K. Garg, the learned Counsel appearing for the petitioners, Mr. U.C.S Singhvi, the learned Public Prosecutor for the State and Mr. Nand Lal, the learned Counsel for the complainant and have carefully gone through the record of the case.;