1. - This miscellaneous petition is directed against the order dated 22-6-93, passed by the Additional Munsif and Judicial Magistrate No. 2, Barmer, by which the learned Magistrate took cognizance against the petitioner for the offences under Sections 323, 341 and 504 I.P.C. and Section 3(1)(x) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. At the time 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 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, have any valid defence available to them then that can be decided by the trial Court at the appropriate stage. The accused can raise their grievances and raise objections before the learned Magistrate and the learned Magistrate will consider all those objections raised by t