At the stage of taking cognizance, the court only needs to determine if there is prima facie evidence to proceed against the accused. The accused can raise objections and defenses at the trial stage.

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 the accused and if after considering the objections raised by the accused the lower Court is of the opinion that no case is made- out then at the time of framing the charges he can discharge the accused, but the cognizance taken by the learned Magistrate cannot be interfered with or quashed by this Court in its inherent powers at this stage. The powers under Section 482 C.P.C. cannot be lightly used in quashing the order taking the cognizance and quashing the proceedings when a prima facie case has been made-out against the accused-petitioners. However, it is directed that the accused-petitioners shall not be arrested for the offence under Section 3(1)(x) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. In this view of the matter, I do not find any merit in this miscellaneous petition and the same is hereby dismissed with above observation.Petition rejected.

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