RAJ KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner. In this petition filed under Section 482 CrPC by the petitioner complainant, order dated 30.8.2008 passed by the Additional Sessions Judge, Anoopgarh in Criminal Revision No.36 of 2008 is under challenge whereby, the revision petition filed by petitioner was dismissed and learned revisional court confirmed the order dated 19.112007 passed by the Judicial Magistrate (First Class), Anoopgarh in Criminal Case No. 1 of 2008 by which learned Judicial Magistrate while dismissing the protest petition filed by the petitioner complainant accepted FR No. 39 of 2007 arising out of FIR No. 118 of 2007 registered at police station Anoopgarh for alleged commission of offences under Sections 307, 326, 323, 341/34 IPC.

(2.) As per facts of the case, on the basis of the complaint filed by the petitioner at police station Anoopgarh, FIR No. 118 of 2007 was registered on 8.3.2007 in which allegation was levelled by the petitioner that in the morning at about 5.30 a.m on 22.1.2007, when he was going towards his house No. 26A accused party came there and started beating him and due to being severely beaten by the accused party, his teeth were broken and other injuries were also caused upon his body by the accused party. As per allegation of the petitioner, he fell down and shouted, then, one chowkidar and other persons came there for his rescue and accused persons ran away from the place of occurrence.

(3.) Contention of learned counsel for the petitioner is that father of the petitioner complainant went for lodging the FIR but he was threatened by the police personnel that if he lodged the complaint against those boys they will kill his son, therefore, no FIR was lodged at that time, thereafter, one complaint under Section 156(3) CrPC was filed. Said complaint was forwarded by the Magistrate to the police for registration of the case against the accused persons. In the FIR filed by the complainant after investigation the police filed FIR and petitioner filed protest petition. Petitioner complainant produced four witnesses in support of the protest petition, CW1 Raj Kumar CW2 Aad Ram, CW3 Gorkha Ram and CW4 Gurjant Singh. After recording their statements arguments were heard and learned Magistrate rejected the protest petition filed by the petitioner and accepted the FIR vide impugned order dated 19.11.2007.