NANU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition under Section 482 Cr. P. C. is directed against the order dated 15. 6. 2001 of the learned Sessions Judge, Bhilwara in Criminal Revision No. 136/2000 whereby the revision has been partly allowed and the order dated 20. 11. 2000 passed by the learned Chief Judicial Magistrate, Bhilwara so far as it pertained to the taking of cognizance against Jamnalal Somani for the offences under Sections 452, 323, 342, 166 read with Section 120-B I. P. C. was set aside but the order as regards other accused persons was upheld.

(2.) BRIEFLY stated, the relevant facts are that on 11. 9. 2000 Smt. Mansukh, the complainant, filed a complaint in the court of the learned Chief Judicial Magistrate, Bhilwara against Jamnalal Somani, Assistant Excise Officer, Bhilwara, petitioner Nanuram Khatik, Excise Inspector, Bhilwara and Ramesh Parasar, Excise Guard, Bhilwara with the allegations that on that day she was in her house. Her husband was taking meals. At about 11-12 noon the above said accused persons after making preparation to beat came armed with Lathis in a jeep and after entering into her house started beating her husband Arjun Lal. When she tried to intervene, they pushed her aside by pulling her lock of hair. The accused persons without showing warrant of search took search of her house. They broke open the door of a room of the landlord situated in the same premises and searched the same but found nothing. Still they took away her husband Arjun Lal saying that they would involve him in a false case. The learned Chief Judicial Magistrate, Bhilwara after preliminary inquiry under Sec. 200/202 Cr. P. C. took cognizance against the accused persons for the aforesaid offences on 20. 11. 2000. Aggrieved by the said order, they filed a revision no. 136/2000 in the court of learned Sessions Judge, Bhilwara wherein the impugned order was passed which is under challenge by the petitioner in this petition.

(3.) THIS provision is almost identical to Section 108 of the Gold (Control) Act, 1968, which runs as under:- " No suit, prosecution or other legal proceedings shall lie against the Central Government, Administrator, any Gold Control Officer or any person authorised by the Central Government or the Administrator for performing any functions under this Act, for anything which is in good faith done or intended to be done under this Act or any rule or order made thereunder. "