GAJANAND SINGH Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) This criminal miscellaneous petition under section 482 Cr.P.C. has been filed by petitioner Gajanand against the order dated 13.3.2002 passed by the learned Additional Chief Judicial Magistrate, Gangapur city District Sawai Madhopur whereby he refused to take cognizance against the accused-respondents for the offence under sections 323, 452, 427 and 379 IPC and that of the order dated 18.4.2002 passed by the learned Additional Sessions Judge (Fast Track) Gangapur city whereby the revision petition filed by the complainant-petitioner has been rejected and the impugned order dated 13.3.2002 has been confirmed.

(2.) Briefly stated, the facts of the case are that a written report was submitted in the police station Gangapur city on 7.12.1999 by Gajanand Singh son of Jay Singh alleging therein that on 7.12.1999 in the morning at about 8.00 a.m., the accused-respondents Mool Singh, Ravindra Singh @ Fodal Singh, Dharam Singh and Bhupendra Singh entered in his house and gave beating to his son. It is also alleged that the accused-respondent Ravindra Singh was having a sword in his hand and rest of the accused named above were having gandasi, lathi and dharia in their hands. It is also alleged that after giving beating, they also break-down the slabs of the court-yard and took jewelery and a sum of Rs. 1,000/- with them. It is also alleged that the accused had attacked on his family members on previous occasion also.

(3.) On the basis of above written report, FIR No.707/1999 was registered in police station Gangapur city for the offence under section 448, 427, 379 and 323 IPC. The police after usual investigation submitted charge-sheet. On 8.8.2000 cognizance of the offence under section 323, 442, 447 and 379 IPC was taken by the Magistrate against the accused-respondents. The order of cognizance was challenged by the accused-respondents before this court by way of S.B. Criminal Revision Petition No.504/2000 and this court vide order dated 23.3.2001 set aside the order dated 8.8.2000 taking cognizance by the Magistrate and remitted the case back to the learned trial court with the direction to record the statement of injured and after going through all the documents including the final report to rehear the case and decide the same in accordance with law within 15 days of receipt of the record of the case.