1 S. B. CRIMINAL MISC. PETITION NO.591/2008 KESHU RAM & OTHERS V. STATE OF RAJASTHAN & ANOTHER. DATE OF ORDER :::: 18-11-2008 HON'BLE MR. JUSTICE C. M. TOTLA Mr.Sajjan Singh, for Petitioner (s). Mr. O.P.Ralthi,PP, for the State. This petition under Section 482, Cr.P.C., requests for quashing of cognizance order dated 9.7.03, as per which in FIR No.52/02, learned Magistrate, taking cognizance for the offences under Sections 467, 468, 471/120-B, IPC, registered regular case against petitioners. Learned counsel for the petitioners argued that due to over-sight and error committed by others, instead of vehicle No. RJ 07 – 1155 vehicle No. RJ 07 – 5511 was written, that too by others. Argued that investigating agency, after extensive investigation, submitted police report to the effect that no case is made out and the learned Magistrate, without considering reasons assigned in the report, on certain assumptions, has taken cognizance. Inviting attention towards the statement of complainant recorded under Section 161, Cr.P.C., argued that no material for taking cognizance existed. Learned Public Prosecutor, opposing submitted that on basis of material, for recorded reasons, cognizance is taken which is upheld by the Revisional Court vide judgment dated 4.10.07. Perused the order of cognizance and also of revisional Court. Arguments advanced relating to number of vehicle is dealt with by the learned Sessions Judge. As described in cognizance order, the matter pertains four documents, all of which bear vehicle number and the offences are alleged withdrawing of money on basis of documents bearing such vehicle number. Considering the orders of the courts-below and as the petitioner 2 shall be having all the opportunities to advance arguments and put every aspects of the case at the very early stage of proceeding, no case for entertaining this petition is made out. Looking to the order of taking cognizance, it cannot be said that cognizance is taken without sufficient basis or material. Accordingly, the petition is dismissed. The Magistrate shall consider arguments and aspects as may be advanced at appropriate stage of proceedings, without in any way, being influenced by impugned or this order. The petitioners shall be at liberty to raise all points at appropriate stage. The petition stands dismissed. (C. M. TOTLA), J. scd