MOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This a revision petition against the order of learned Additional sessions Judge, Dausa dated 3.8.98 by which he set aside the order of earned Judicial Magistrate, Lalsot dated 8.7.97 by which he had taken cognizance against the accused respondents for offences U/ss. 147, 452, 341 & 323 IPC.

(2.) I have heard learned counsel for the petitioner-complainant, learned counsel for the accused respondents as well as learned Public Prosecutor for the State.

(3.) Briefly stated, Mohan Lal filed a report at Police Station Nangal Rajawatan on 12.8.96 with regard to an incident which took place on 11.8.96. It was alleged that the accused persons came and entered into the house of the complainant and have given beatings. The incident occurred at 7.00 p.m. on 11.8.96. Certain other persons were also given beatings. However, after investigation police submitted final report. Then the complainant filed a protest petition and statement of Mohan Lal, Smt. Kanta, Smt. Maya, Smt. Kamla, Kailash, Jahangir Khan, Gangadhar, Kalu Ram and Mohan Lal Poonya were recorded. Learned Magistrate issued process to the accused persons vide order dated 8.7.97. The learned Magistrate in his 8 pages detailed order discussed the entire evidence which was recorded by police and by him. He was satisfied that there were ground for proceeding as per provisions of Section 204 of the Code of Criminal Procedure. But on revision, the learned Additional Sessions Judge, Dausa set aside the order on various grounds. They are, delay in lodging report, non-presence of blood at the place of occurrence, the case being in defence in cross case, the witnesses were relations to each other, some of the witnesses were produced in the court who were not examined during investigation and contradictions in statements.