Anwar Mohd. and ors. Vs. State of Rajasthan and ors.

penal code - section 406 and criminal procedure code--protest petition--police filed final report--magistrate taking cognizance of offence under section 406 on protest petition--held, there is no illegality to warrant interference.;petition dismissed - - he bad powers to disagree with the conclusions of the investigating officer and to take cognizance of the offence.shyam sunder byas, j.1. heard and perused the record. the police submitted the negative final report in the court of the learned munsif and judicial magistrate, chittorgath. on a protest petition filed by the complainant, the learned magistrate took cognizance of the offence under section 406 ipc against the three accused-petitioners. it was open to the learned magistrate to peruse the case diary and see whether an offence was prima-facie made out against the accused-petitioners or not. he bad powers to disagree with the conclusions of the investigating officer and to take cognizance of the offence. no. illegality has been pointed out in the impugned order by the learned counsel for the petitioner.2. it may be observed that it will be open to the accused-petitioners to put appearance in the court below and contend before him that since no offence has made out, they should be discharged.3. with the above observations, this application under section 482 cr.pc is dismissed.