Yogesh Prakash Mathur vs State of Rajasthan

N.M. Kasliwal, J.—Heard learned Counsel for the petitioner and learned Public Prosecutor. No body appears on behalf of the non-petitioner No. 2 Shri Vinod Prakash Joshi. A perusal of the record shows that on the FIR lodged in this case the police after investigation had submitted a Final Report. The complainant had filed a protest petition and there after learned Magistrate accepted the Final Report by order dated 22-11-84. It appears that the successor Magistrate took cognizance in the case by order dated 30-11-85 and issued notices against the petitioner. In my view when the Final Report given by the Police had been accepted on 22-11-84 and at the time the protest petition filed by the complainant was also pending, the learned successor Magistrate was not right in taking cognizance in the case again.

In the result this petition is allowed the order of the learned Judicial Magistrate No. l, Jaipur, District, Jaipur dated 30-11-85 is set-aside and the proceedings against the accused petition are quashed.