DIWAN SINGH Vs. RAM SINGH

JUDGEMENT

(1.) THIS petition under Section 482 Cr. P. C. has been directed against the order dated January 12, 1988, passed by the Munsif and Judicial Magistrate, First Class, Rajgarh (district Churu), by which the learned Magistrate took cognizance against the petitioners under Sections 147, 323 and 447 I. P. C.

(2.) COMPLAINANT Ram Singh, on September 22, 1984, filed a complaint in the Court of the Munsif and Judicial Magistrate, First Class, Rajgarh, against the present petitioners with respect to the agricultural land, measuring 207. 7 Bighas, situated in village Dhanodi Badi, Tehsil Rajgarh, district Churu under Sections 147, 323 and 447 I. P. C. The learned Magistrate sent this complaint under Section 156 (3) Cr. P. C. to the Police Station Rajgarh, for further investig-ation. The police, after necessary investigation, presented the Final Report in the matter. The learned Magistrate, after the receipt of the Final Report, issued notice to the complainant and the complainant filed a protest petition on January 5, 1983. The learned Magistrate recorded the statements of the complainant Ram Singh under s. 200 Cr. P. C. and his witnesses Hardoi, Khajani, and Tarachand under sec. 202 Cr. P. C. and thereafter, perusing the evidence and the record of the case, the learned Magistrate took cognizance against the petitioners under sec. 147, 323 and 447. I. P. C. by his order dated January 12, 1988. It is against this order that the present petition under Section 482 Cr. P. C. has been filed.

(3.) IN the result, the order dated January 12, 1983, passed by the learned Munsif and Judicial Magistrate, Rajgarh (district Churu), taking cognizance against the petitioners under sections 147, 323 and 447, I. P. C. , and the proceedings pending against the petitioners in that Court quashed. .