RADHEY SHYAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Criminal Revision Petition has been directed against the order of learned Additional Sessions Judge, Nagaur Camp Deedwana dated 9.1.1999 by which he quashed in revision the order of learned Judicial Magistrate, Ladnu dated 20.9.1997 taking cognizance for offence under Sections 406 and 420 IPC.

(2.) BRIELLY stated, Radhey Shyam reported to police on 5.7.1993 that he was the incharge of accounts of Brahmin Panchayat which looks after the utensils of the panchayat which are lent for the purpose of cooking food during marriages. Some marriage was performed in the family of Deepa Ram where the utensils were sent. Some marriage was to take place in the family of Bhagwan Das on 6.5.1993. Bhagwan Das came to Radhey Shyam on 5.5.1993 to obtain utensils. The same were handed over to him in presence of certain persons. It was alleged that utensils were not returned by Bhagwan Das and ultimately he refused to return. Police registered a case being FIR No. 51/93 and after investigation final report was submitted. Notice was issued to the complainant who did not submit any protest petition. Learned Magistrate however on submission of final report headed the counsel for the complainant, perusing the statements of witnesses and ultimately took cognizance under Sections 406 and 420 IPC against Bhagwan Das. He proceeded with the trial. This order was passed on 20.9.1997. A revision petition was preferred before learned Additional Sessions Judge, Nagaur who by impugned order allowed the revision petition and quashed the order of taking cognizance.

(3.) FROM the record available in the court I find that utensils belong to the temple of Brahmin Samaj, Kusumbi and are lying with it. The dispute is in relation to the rent regarding utensils. It appears that it is a matter of civil nature which was given the colour of an offence. It appears that there is even a dispute about presidentship of Brahmin Samaj. Earlier some Inder Chan Sharma was the president and later on Shyam Sunder Sharma was made the president. It hardly matters because this dispute relates to the rent of utensils concerned. The matter is purely civil one and the learned Additional Sessions Judge has rightly quashed the order taking cognizance.