1 S.B. CRIMINAL REVISION PETITION NO.353/2007 Akha Ram Vs. Shiv Lal & Ors. Date of Order :: 25-07-2008 HON'BLE MR. JUSTICE DEO NARAYAN THANVI Mr. Mahaveer Bishnoi, for the petitioner. Mr. Sanjay Nahar, for the respondent. Heard learned counsel for the parties and perused the copies of record. The learned first revisional court has rightly observed that while taking cognizance under Section 190 Cr.P.C., the Magistrate has to see as to whether there are sufficient ground to proceed on the basis of the challan filed by the police. For the purpose of taking cognizance on a police report, the documents filed under Section 173 Cr.P.C. are relevant in which both the eye witnesses, namely Doonger Ram and Mukna Ram have clearly stated that Shiv Lal and Hema Devi were not present on the spot, therefore there was no occasion to take cognizance against them. Even though, the learned Additional Sessions Judge has observed that if evidence comes at the stage of trial, the Magistrate is 2 competent to proceed on the application Under Section 319 Cr.P.C. In view of this, the order of the learned revisional court requires no interference. The revision petition is dismissed. [DEO NARAYAN THANVI],J. Praveen