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1994 DIGILAW 526 (RAJ)

Jorawar Singh v. State of Rajasthan

1994-07-15

B.R.ARORA

body1994
JUDGMENT 1. - This miscellaneous petition is directed against the order dated 29-5-93, passed by the Additional Sessions Judge, Nohar, by which the learned Additional Sessions Judge dismissed the revision petition filed by the petitioner and affirmed the order dated 30-3-92, passed by the Munsif and Judicial Magistrate, First Class, Nohar, by which the learned Magistrate took cognizance against the petitioner for the offences under Sections 437 and 323 I.P.C. and Section 3(D) of the Protection of Civil Rights Act. 2. At the time of taking the cognizance the Court has only to see whether from the complaint, the evidence of the witnesses and the documents on record, any prima facie case to proceed with against the accused is made-out ? If there is a prima facie evidence to proceed-with against the accused then the Court can take the cognizance. 'Prima facie evidence' means : "the evidence that is sufficient to establish a fact or to raise a presumption of the truth of the fact unless controverted." If the accused, against whom the cognizance has been taken, has any valid defence available to him then that can be decided by the trial Court at the appropriate stage. The accused can agitate his grievance and raise objections before the learned Magistrate and the learned Magistrate will consider all those objections raised by the accused and if after considering the objections raised by the accused the lower Court is of the opinion that no case is made-out then at the time of framing the charges he can discharge the accused, but the cognizance taken by the learned Magistrate cannot be interfered with or quashed by this Court in its inherent powers at this stage. The powers under Section 482 Cr.P.C. cannot be lightly used in quashing the order taking the cognizance and quashing the proceedings when a prima facie case has been made-out against the accused-petitioner. 3. In this view of the matter, I do not find any merit in this miscellaneous petition and the same is hereby dismissed.Petition dismissed. *******