KALU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner.

(2.) In this petition filed under Section 482, Code of Criminal Procedure the Petitioner has prayed for quashing order dated 29.9.2010 passed by Addl. Sessions Judge, Parbatsar in Criminal Revision No. 58/10, whereby, learned revisional Court upheld the order passed by the Judicial Magistrate, Kuchaman City dated 22.4.2006, by which, cognizance was taken against the Petitioner and other persons.

(3.) As per facts of the case narrated in the petition, FIR was registered against 25 persons including the present Petitioner for offences under Sections 147, 149, 379 and 323, I.P.C. at Police Station, Kuchaman City on 29.05.1999 on the basis of complaint filed by the complainant. In the said FIR, after investigation, the police filed FR and, thereafter, protest petition was filed by complainant Shyamlal s/o Laxman Ram and evidence was produced under Section 200 Code of Criminal Procedure. Learned trial Court recorded statements of as many as five witnesses including eye-witnesses A.W.-2 Rameshwari Devi, A.W.-3 Narayani Devi and A.W.-4 Bala Devi; and, after taking into consideration entire facts of the case, took cognizance against 25 persons vide order dated 26.04.2006 and refused to accept the FR No. 17/99 filed by Police Station, Kuchaman City.