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2020 Supreme(Raj) 650

SANJEEV PRAKASH SHARMA
Pappu – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant : Rajneesh Gupta
For the Respondents: Arvind Bhadu, PP

JUDGMENT :

Sanjeev Prakash Sharma, J.

1. Petitioners are those accused persons against whom the Police initially had kept the investigation pending under Section 173(8) Cr.P.C. while filing charge-sheet against the other co-accused.

2. It is submitted by the petitioners that later on the police has submitted negative final report as against the petitioners. The complainant preferred protest petition challenging the said negative final report and the learned Magistrate has taken cognizance vide its order dated 07/03/2019 for offence under Section 341, 323, 325, 394 read with Section 34 IPC and has issued non-bailable warrants for securing their presence. The petitioners preferred revision petition which has been rejected by the learned Additional Sessions Judge No. 1, Hindaun City, District Karauli vide its order dated 10/09/2020.

3. Feeling aggrieved of both the aforesaid orders, the present Criminal Misc. Petition has been filed by the petitioners.

4. Learned counsel for the petitioners contends that it is settled principle of law that cognizance is taken against the offence committed and not the person and once the cognizance was already taken in relation to the charge-sheet filed ear

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