KARNI SINGH Vs. DINESH ALIASPAPU

JUDGEMENT

(1.) THIS revision petition is directed against the order dated August 11,1986, passed by the Additional Chief Judicial Magistrate No. 3, Jodhpur, by which the learned Magistrate has taken cognizance against the petitioners and seven other persons.

(2.) COMPLAINANT Dinesh alias Papu filed a complaint in the Court of the learned Additional Chief Judicial Magistrate No. 3, Jodhpur, against the present petitioners and seven other persons under Section 166,288,323,337,342, 357,394, 440,454, 147,148, and 149, I. P. C. It was alleged in the complaint that on plot No. 17, situated near Maghrajji Ka Tanka, Mandore Road, Jodhpur, which was purchased by his brother, who has constructed a boundary wall and two residential rooms along with kitchen and latrine. The accused persons came on the site and abused him and also gave beating to him. They also demolished the construction raised by him. Certain other allegations were, also made in the complaint. The complainant has also, filed certain documents along with the complaint. The learned Magistrate examined Dinesh, Banshi Lal, Ram Singh and Raghuveer Singh under Section 202 Cr. P. C. The learned Magistrate, after consideration the documents produced by the complainant and the statements recorded under Section 202, Cr. P. C. of the witnesses Dinesh Banshi Lal, Ram Singh Raghuveer Singh, took the cognizance against the petitioners and Deo Dutt, Sajjan Singh, Roopa Ram, Nathu Singh, Pramod Kumar, Gordhan and Binjraj Singh under Section 147 I. P. C. Before taking the cognizance, the learned Magistrate also took note of the fact that the action of the accused does not come in their due discharge of the official duties and therefore, the provisions of Section 197, Cr. P. C. are not applicable. The learned Magistrate, after taking the cognizance, issued process. It is against this order that the petitioners have filed this revision petition.

(3.) CONSEQUENTLY, the revision petition under Section 397, Cr. P. C, filed by the petitioners, is dismissed. .