At the stage of taking cognizance, the court has to determine if there is prima facie evidence to proceed against the accused, and any valid defense can be decided by the trial court at the appropriate stage.

1. - This miscellaneous petition is directed against the order dated March 13, 1989, passed by the Sessions Judge, Merta, by which the learned Sessions Judge partly allowed the revision petition filed by the petitioners.

2. Prema Ram, on September 6, 1985, lodged a First Information Report at the Police Station, Makrana, against Pancha Ram, Lala Ram, Jodha Ram, Sukh Ram, Mohini, Roopa Ram and Mangi Lal for the offence under Sections 419, 420, 423, 406 and 482 Criminal Procedure Code has been filed.

3. I have heard the learned Counsel for the petitioners, the learned Public Prosecutor and the learned Counsel for the respondent No. 2, and perused the orders passed by the Courts below, as well as the record of the case.

4. After perusal of the record, I am of the opinion that the order passed by the learned Courts below cannot be said to be, in any way, perverse or illegal.

5. At the time of taking the cognizance, the Court has only to see that whether from 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 Court can take cognizance. If the accused, against whom the cognizance has been taken, have any valid defence available to them, then that can be decided by the trial Court at the appropriate stage. As the order, taking the cognizance is an exparte order, passed by the learned lower Court without giving any opportunity of hearing to the accused, therefore, if the accused have any grievance against the order passed by the learned lower Court then they can agitate their grievances and raise objections before the learned Magistrate and the learned Magistrate will consider all those objections raised by the accused. If after hearing the arguments the Court is of the opinion that no case is made-out then it may discharge the accused-petitioners. But the cognizance taken by the learned Magistrate cannot be interfered with or quashed by this Court under its inherent powers at this stage.

6. Consequently, the miscellaneous petition, filed by the petitioners, has got no force and is hereby dismissed.Petition Dismissed.

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