CMP 437/05 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. CRIMINAL MISC. PETITION NO.437/05 Jahid Khan Versus State & Ors. DATE OF ORDER :: 15/01/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Raj Kamal Gaur, for petitioner Mr. Arun Sharma, Public Prosecutor for State *** Instant petition has been filed assailing order dated 10th February, 2004 whereby learned trial Judge discharged the non-petitioners while exercising power u/s.203 Cr.P.C. Against the said order, revision petition was preferred which too has been dismissed by a detailed judgment dated 18th March, 2005. A written complaint was filed by petitioner on 31st January, 2003 against non-petitioner Nos.2-3 for offence punishable u/ss.406 & 420 IPC in which it was alleged that non-petitioner No.2 was residing near to his house in Housing Board Colony, Sawaimadhopur and on the request made, he paid Rs.60,000/- to them and from the beginning they are having bad intention and without repayment, on the same night they shifted from the place of residence. In support of his written complaint, statements of petitioner and of his witnesses were recorded u/ss.200 & 202 Cr.P.C. CMP 437/05 [2] Learned trial Judge after taking into consideration the statements of petitioner and also of his witnesses, came to the conclusion that no prima facie offence as alleged is made out and dismissed the complaint vide order dated 10th February, 2004. Learned Revisional Court has also examined the same and passed a detailed order on 18th March, 2005. This court has gone through the order impugned and does not find any infirmity which may call for interference. Consequently, the misc. petition fails and is hereby dismissed. [AJAY RASTOGI],J. FRBOHRA,JR.P.A.437CMP2005 15-1.doc