[2025:RJ-JP:29386] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2976/2015 Krishna Deep @ chintu S/o Khemchand, aged about 34 years, R/o Uchchain, Police Station Uchchain, District Bharatpur, Raj. ----Petitioner Versus 1. State Of Rajasthan through PP 2. Ajit Singh S/o Surjan Singh R/o Uchchain, Police Station Uchchain, Tehsil Roopwas District Bharatpur, Raj. ----Respondent Connected With S.B. Criminal Miscellaneous (Petition) No. 1012/2017 Krishndeep @ Chintu S/o Khaimchand R/o Uchchain, Police Station Uchchain, District Bharatpur, Raj. ----Petitioner Versus State Of Rajasthan Through P.P. ----Respondent For Petitioner(s) : Mr. Santosh Sharma For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 01/08/2025 S.B. Criminal Miscellaneous (Petition) No. 2976/2015 1. The petitioner has challenged the cognizance order of trial court dated 28.03.2007 and subsequent order dated 27.02.2015, passed by revisional court whereby the order passed by the trial court was affirmed by the Revisional Court. 2. It is contended by learned counsel for the petitioner that complainant in the present case has died during the course of [2025:RJ-JP:29386] (2 of 3) [CRLMP-2976/2015] pendency of the litigation. It is also contended that the order passed by learned trial court of taking cognizance against the petitioner is bad in law as the learned trial court did not enquire and only relied upon the statement of complainant filed in pursuance to the negative final report submitted by the investigating agency. The trial court also did not consider the conclusion made by the Investigating Agency and only considered the statement of witnesses collected by Investigating Officer. The learned revisional court also overlooked that no such inquiry was conducted substantiating the allegations levelled by the complainant; therefore in the aforesaid condition the entire proceeding pending before the learned trial court may be quashed and set aside. 3. Learned Public Prosecutor admitted that during the course of pendency of litigation complainant -Ajit Singh has died. It is also stated by learned Public Prosecutor that the complainant's legal heirs were also not found at the place where the complainant was residing. Learned Public Prosecutor has submitted the report of police station Uchain, District Bharatpur, which indicates that the complainant Ajit SIngh died and his legal heirs have also left the place and their whereabouts are not known. 4. Heard and perused the material available on the record. 5. At the outset, the order passed by learned trial court seems to be against the law. Learned trial court ought to have considered the entire material available on the record and not to proceed only on the basis of statement recorded under Section 200 of Cr.P.C., and that too by the complainant only. The learned trial court did not consider the evidence collected by the Investigating Officer. [2025:RJ-JP:29386] (3 of 3) [CRLMP-2976/2015] 6. It is settled law that to take cognizance of an offence the entire material placed on record has to be considered. Similarly, the Revisional Court also did not consider the legal position in right perspective. Further, subsequent events also show that complainant has died and nobody appeared before this court or before the trial court to pursue the prosecution against the petitioner. 7. Therefore, considering the above facts, the entire proceedings drawn against the petitioner by trial court is hereby quashed. S.B. Criminal Miscellaneous (Petition) No. 1012/2017 The instant criminal misc. petition has become infructuous, accordingly, the same is dismissed as having become infructuous. (PRAVEER BHATNAGAR),J ashu /11-12