Lal Ram and ors. Vs. the State of Rajasthan and anr.

penal code - section 419, 420, 423, 406 and 120b and criminal procedure code--taking cognizance of offence--at time of taking cognizance of offence court to see whether prima facie case is made out from material on record--order taking cognizance is exparte order--held, court should consider all objections raised by accused and order taking cognizance can not be interfered in exercise of inherent powers under section 482.;at the time of taking the cognizance, the court has only to see that whether from 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 court can take cognizance. 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. as the order, taking the cognizance is an exparte order, passed by the learned lower court without giving any opportunity of hearing to the accused, therefore, if the accused have any grievance against the order passed by the learned lower court then they can agitate their grievances and raise objections before the learned magistrate and the learned magistrate will consider all those objections raised by the accused. if after hearing the arguments the court is of the opinion that no case is made-out then it may discharge the accused-petitioners. but the cognizance taken the learned magistrate cannot be interfered with or quashed by this court under its inherent powers at this stage.;petition dismissed. - - 2, and perused the orders passed by the courts below, as well as the record of the case......no case under sections 423 and 120b ipc is made-out against the accused pancha ram. but so far as the other accused are concerned, he maintained the order passed by the learned magistrate taking cognizance against the petitioners. it is against this order that the present petition under section 482 cr.p.c. has been filed.3. i have heard the learned counsel for the petitioners, the learned public prosecutor and the learned counsel for the respondent no. 2, and perused the orders passed by the courts below, as well as the record of the case.4. after perusal of the record, i am of the opinion that the order passed by the learned courts below cannot be said to be, in any way, perverse or illegal.5. at the time of taking the cognizance, the court has only to see that whether from 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 court can take cognizance. 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. as the order, taking the cognizance is an exparte order, passed by the learned lower court without giving any opportunity of hearing to the accused, therefore, if the accused have any grievance against the order passed by the learned lower court then they can agitate their grievances and raise objections before the learned magistrate and the learned magistrate will consider all those objections raised by the accused. if after hearing the arguments the court is of the opinion that no case is made-out then it may discharge the accused-petitioners. but the cognizance taken by the learned magistrate cannot be interfered with or quashed by this court under its inherent powers at this stage.6. consequently, the miscellaneous petition, filed by the petitioners, has got no force and is hereby dismissed.