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2011 DIGILAW 2152 (RAJ)

Pokar Lal v. State of Rajasthan

2011-10-12

SANDEEP MEHTA

body2011
JUDGMENT 1. - The present miscellaneous petition has been filed challenging the order dated 7.10.2006 passed by the Judicial Magistrate, First Class, Desuri, district Pali in Final Report No. 16/2006, whereby he accepted the final report filed by the police. The said order dated 7.10.2006 was challenged in a revision petition and the learned Additional Sessions Judge, Bali, district Pali, has affirmed the order of the learned Magistrate by the order dated 14.11.2006 passed in Revision No. 48/2006. 2. Assailing the said orders, learned counsel for the petitioner has submitted that in this case there was ample material by way of statements of complainant and his witnesses in support of the protest petition, as per which the learned trial Court should have proceeded against the accused persons and that revisional Court has also erred in not interfering in the order of the learned Magistrate. 3. 1 have perused the impugned orders and considered the arguments advanced at the bar. 4. From the perusal of the impugned orders, it becomes apparent that the two Courts below have given concurrent findings based on the appreciation of detailed investigation by the police and have arrived at the conclusion that no prima facie case is made out to proceed against the accused. As such, no case for interference by this Court, in exercise of powers under Section 482 Cr.P.C., is made out.The miscellaneous petition, being bereft of force, is hereby dismissed.Petition dismissed. *******