Dhan Raj Vs. the State of Rajasthan and anr. - Court Judgment

Excerpt:
penal code - section 498a--cognizance taken exparte--accused can raise objection--court to examined his objections--held, he may be discharged if no prima facie case is made out against accused.;as the order, taking the cognizance is an exparte order, passed by the learned magistrate, without giving any opportunity of hearing to the accused, therefore, if the accused has any grievance against the order passed by the learned magistrate then he can agitate his grievance 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. but cognizance taken by the learned magistrate cannot be interfered-with or quashed by this court under its inherent powers at this stage.;petition dismissed. - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect - appellant was about sixteen years of age on the date of commission of the alleged offence and had not completed eighteen years of age when the juvenile justice act, 2000, came into force - juvenile act, of 2000 has been given retrospective effect by rule 12 of juvenile justice rule, 2007 - as such, accused has to be treated as juvenile under the said act. b.r. arora, j.1. this miscellaneous petition is directed against the order dated june 21, 1989, passed by the sessions judge, churu, in criminal revision petition no.140 of 1986, by which the learned sessions judge dismissed the revision petition filed by the petitioner.2. smt. radha devi filed a complaint against the petitioner under section 498a, i.p.c. in the court of the munsif and judicial magistrate, first class, sujangarh. the learned judicial magistrate, by his order dated january 4, 1989, took cognizance against the petitioner under section 498a, i.p.c and issued process. dissatisfied with the order dated january 4, 1986. passed by the learned judicial magistrate taking the cognizance against the petitioner, the petitioner preferred a revision petition before the learned sessions judge, churu, who, by his order dated june 21, 1989, dismissed the revision petition filed by the petitioner. 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 petitioner, the learned public prosecutor and the learned counsel for the complainant, and perused the orders passed by the courts below and the relevant record.4. 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 the court can take cognizance. if the accused, against whom the cognizance has been taken, has any valid defence available to him, 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 magistrate, without giving any opportunity of hearing to the accused, therefore, if the accused has any grievance against the order passed by the learned magistrate then he can agitate his grievance 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. but cognizance taken by the learned magistrate cannot be interfered-with or quashed by this court under its inherent powers at this stage.5. consequently, the miscellaneous petition, filed by the petitioner, has got no force and is hereby dismissed.