S. B. CRIMINAL MISC. PETITION NO.243/2007 HANUMAN SINGH V. STATE OF RAJASTHAN & ANOTHER. DATE OF ORDER ::: 25-09-2008 HON'BLE MR. JUSTICE C. M. TOTLA Mr. Manish Vyas, for Petitioner (s). Mr. S. N. Tiwari, PP, for the State. Instant petition under Section 482, Cr.P.C., seeks quashing of cognizance and registration of case under Sections 448 & 323, IPC, against petitioner vide learned Magistrate's order dated 3.8.04 as affirmed in revision vide order dated 12.7.06. Learned counsel for the petitioner argued that on a complaint lodged, an FIR was registered and after investigation, negative FR is filed – learned Magistrate, without considering findings, ordered for registration of case – it is a matter between brothers and the petitioner is an Army man. Argued that when FR is given, the reasons for it are to be considered by the learned Magistrate and exclusively, on the basis of injury report or statement, cognizance is not justified and is abuse of process. Learned Public Prosecutor opposing stated that as per order itself, after investigation, report is to the effect that offence under Section 323, IPC, is made out which is not cognizable. Considered. The order of cognizance is further affirmed by the revisional court. From the order, it appears that cognizance is taken on the basis of statements and injury report and also mention is of police report to the effect that offence under Section 323, IPC, non-cognizable one is made out. Considering the above, it does not appear to be a fit case for any direction or orders under Section 482, Cr.P.C. The petition is not entertainable. Hence, dismissed. (C. M. TOTLA), J. scd