SB Cr. Misc. Petition No.1282/05 Bhartha Ram Vs. State 1 S.B. Cr. Misc. Petition No.1282/2005 Bhartha Ram vs State of Rajasthan DATE OF ORDER : - 10.7.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.SK Puniya, for the petitioner. Mr.VR Mehta, Public Prosecutor. <><><> Heard learned counsel for the parties. The petitioner is aggrieved against the order of the trial court dated 3rd Sept., 2003 by which the trial court took cognizance for offence under Sections 147, 447 and 427/149 IPC against the accused petitioner. According to learned counsel for the petitioner, there was dispute going on between the complainant and the accused party and a regular suit was also pending. The accused lodged FIR on earlier time wherein a criminal case was registered against the complainant, however, the complainant was acquitted by giving benefit of doubt. Then in the year 2002, the present complainant lodged report wherein the police submitted negative FR. Therefore, it is clear that in a dispute of civil/revenue nature, the SB Cr. Misc. Petition No.1282/05 Bhartha Ram Vs. State 2 prosecution has been launched without any reason and police found no case made out. It is also submitted that one of the accused Bhartha Ram who alone is the petitioner before this Court is handicapped person and taking cognizance against him deserves to be set aside. I considered the submissions of learned counsel for the petitioner and perused the reasons given by the trial court in its order dated 3rd Sept., 2008 in detail. It appears that the trial court found that there is material available on record for taking cognizance for the offence referred above and proceeded for prosecution of all the accused persons including the petitioner. The petitioner's defence could not have been looked at the stage of cognizance by the trial court, therefore, the petitioner may prove by evidence his defence. I do not find any illegality in the two orders passed by the courts below. Hence, the misc. petition filed by the petitioner is hereby dismissed. (PRAKASH TATIA), J. c.p.Goyal/-