RANJEET SINGH Vs. STATE OF RAJASTHAN AND ANR

JUDGEMENT

(1.) This revision petition is directed against the order dated December 4, 1989, passed by the Sessions Judge, Udaipur, by which the learned Sessions Judge allowed the revision petition filed by Nawla Ram and others and set aside the order dated October 15, 1987, passed by the learned Additional Chief Judicial Magistrate, Mawli.

(2.) Ranjeet Singh Jain, on June 18, 1987, lodged a First Information Report at Police Station, Dabok against Nawla Ram and Udai Lal under Section 394 IPC. The police, after necessary investigation, presented a challan in the Court of the Munsif and Judicial Magistrate, Mawli, against accused Nawla Ram under Sections 323 and 324 IPC and submitted the Final Report qua accused Udai Lal. The learned Magistrate, by his order dated October 15, 1987, did not accept the Final Report submitted by the police and took congnizance against both the accused Udai lal and Nawla Ram under Sections 323, 324 and 394 IPC and issued Warrants of Arrest. Dissatisfied with the order dated October, 15, 1987, passed by the learned Additional Chief Judicial Magistrate, Mawli, the accused preferred a revision petition before the learned Sesions Judge, Udaipur, who, by his order dated December 4, 1989, allowed the revision petition and set aside the order dated October 15, 1987, passed by the learned Additional Chief Judicial Magistrate taking cognizance against the accused. It is against this order that the present revision petition has been filed by the petitioner.

(3.) Heard learned Counsel for the petitioner, the learned Counsel for the non petitioner and the learned Public Prosecutor and perused the order passed by the learned Sessions Judge.