Akha Ram vs Shiv Lal & Ors on 25 July, 2008

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          S.B. CRIMINAL REVISION PETITION NO.353/2007

                            Akha Ram
                                Vs.
                          Shiv Lal & Ors.

                       Date of Order :: 25-07-2008


          HON'BLE MR. JUSTICE DEO NARAYAN THANVI


Mr. Mahaveer Bishnoi, for the petitioner.
Mr. Sanjay Nahar, for the respondent.


            Heard learned counsel for the parties and perused the

copies of record.

            The learned first revisional court has rightly observed

that while taking cognizance under Section 190 Cr.P.C., the

Magistrate has to see as to whether there are sufficient ground to

proceed on the basis of the challan filed by the police. For the

purpose of taking cognizance on a police report, the documents

filed under Section 173 Cr.P.C. are relevant in which both the eye

witnesses, namely Doonger Ram and Mukna Ram have clearly

stated that Shiv Lal and Hema Devi were not present on the spot,

therefore there was no occasion to take cognizance against them.

Even though, the learned Additional Sessions Judge has observed

that if evidence comes at the stage of trial, the Magistrate is
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competent to proceed on the application Under Section 319

Cr.P.C.

            In view of this, the order of the learned revisional

court requires no interference. The revision petition is dismissed.



                                        [DEO NARAYAN THANVI],J.

Praveen