[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 135/2008 GOVIND RAM MODI Vs. STATE OF RAJASTHAN Date: 08.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Suresh Sahni for the petitioner. Mr. Jagdish Lamba, Public Prosecutor for the State. **** The present criminal misc. petition under Section 482 Cr.P.C. is directed against the order dated 18.12.2007 passed by the Judicial Magistrate (First Class), Ramganjmandi, District Kota, by which cognizance for the offence under Sections 406 and 409 IPC has been taken against the petitioner in Criminal Case No. 298/2007. Learned counsel for the petitioner submits that the police report filed under Section 173(2) Cr.P.C. completely and incontrovertibly reveals that there is not even a shred of legally admissible evidence to give room for proceeding against the petitioner in terms of Section 190 Cr.P.C., therefore, the order impugned dated 18.12.2007 passed by the trial Court legally warrants to be set aside in toto. [2] I have heard learned counsel for the petitioner, learned Public Prosecutor for the State and have also carefully gone through the order impugned dated 18.12.2007 by which cognizance for the offence under Sections 406 and 409 IPC has been taken against the petitioner. Admittedly, without filing revision against the order impugned, the instant criminal misc. petition under Section 482 Cr.P.C. has been filed. Even on merits also, the trial Court has only to examine whether any prima-facie case is made out against the accused or not and it is not necessary to appreciate the evidence at this stage and as the trial Court prima-facie satisfied that offence under Sections 406 and 409 IPC is made out against the petitioner, therefore, cognizance for the aforesaid offence has been taken against the petitioner vide order impugned dated 18.12.2007, which requires no interference as this Court finds no illegality or error apparent on the face of the record in the order impugned dated 18.12.2007. Consequently, the misc. petition fails and the same is hereby dismissed. (K.S. RATHORE)J. /KKC/