SMT. SHAKURAN & Ors. v. STATE ) DATE OF ORDER

15.11.2007. HON'BLE MR. GOVIND MATHUR, J. Mr. N.K. Bohra for the petitioners. Mr. Vishnu Kachhawaha, Public Prosecutor. Mr. Iqbal Sherani for respondent No.2. While accepting an application preferred by respondent No.2 under Section 190 of Code of Criminal Procedure, by an order dated 21.07.2007 cognizance was taken by learned Chief Judicial Magistrate, Naguar against three ladies – the petitioners. While challenging the order aforesaid, the contention of counsel for the petitioner is that no evidence was available on record for taking cognizance against the present petitioners and the court below erred while accepting the application under Section 190 of Code of Criminal Procedure. Learned counsel appearing on behalf of respondent No.2 in most unambiguous term has stated before the Court that the respondent No.2 does not want to press the application under Section 190 of Code of Criminal Procedure. 2 Having considered the entire record available, at this stage, I do not find any evidence on basis of that cognizance could have been taken against the present petitioners. As such, the order impugned deserves to be quashed. Accordingly, the revision petition is allowed. The order impugned dated 21.07.2007 passed by learned Judicial Magistrate, Nagaur in criminal case No.170/07, PS Nagaur is quashed. However, it is made clear that in the course of enquiry or trial, it appears from the evidence that any person including the petitioners has committed any offence for which they should be tried together with other persons, the Court may proceed against them. Anil/ (GOVIND MATHUR)J.