2001 Supreme(Raj) 1618
SHASHI KANT SHARMA
Gulab Jati – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
1. - Since both the above mentioned S.B. Criminal Revision Petition and the Criminal Misc. Petition related to the same controversy, both are being decided by this common order.
2. S.B. Criminal Revision Petition No. 591/2000 filed by the petitioner Gulab, Ram Kishan and Balu Ram is is directed against the order dated 18th of October, 2000, passed by the learned Civil Judge (JD) and Judicial Magistrate 1st Class, Laxmangarh. District Sikar whereby, the learned Magistrate took cognizance for the offence under Section 436 IPC and issued non-bailable warrants to produce these accused petitioners.
3. The facts related to both the cases are that in the present matter a complaint was filed by the complainant non-petitioner Ishwar Ram against the accused petitioners for the offence under Section 436 IPC etc. The police after investigation, submitted a final report before the concerned Magistrate. The Magistrate recorded statements of the witnesses of the complainant non-petitioner and after consider the facts of the case accepted the final report vide order dated 18th April, 1998 and did not take cognizance against the petitioners. Against that order the complainant non-petitioner
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