CRLMP1247/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Petition No.1247/2010 Smt. Usha Ajmera Vs. Jaipur Conductors Private Limited Date of Order ::: 26.10.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Vijay Dutt Sharma, Counsel for petitioner Shri Sandeep Jain, Counsel for respondent #### By the Court:- This petition has been filed only on the ground that Magistrate concerned did not at the relevant time when he took cognizance, have power to do so. This power has been conferred upon him eight months thereafter. The petition has therefore been filed with prayer that order taking cognizance be quashed and set aside. Learned counsel for complainant- respondent invited attention of the court towards clause (e) of Section 460 of the Cr.P.C., which inter-alia provides that if any magistrate not empowered by law to take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of Section 190, erroneously in good faith does that thing, his proceedings shall not be set aside merely on CRLMP1247/2010 // 2 // the ground of his not being so empowered. Even otherwise this argument is not available to the petitioner because on his own showing the power has to be conferred on the same Magistrate and even otherwise there is specific provision contained in Section 460 of the Cr.P.C. and the proceedings on that basis cannot be set aside because the Magistrate did so in good faith. Petition stands dismissed. (Mohammad Rafiq) J. //Jaiman//