GANPATLAL & ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this Criminal miscellaneous petition under Sec. 482 Criminal Procedure Code, the petitioners seek quashing of the proceedings initiated against them on a complaint filed by complaint Mangilal on 21st June, 1989 before the Civil Judge (J.D.) & Judicial Magistrate Ist Class, Bar (hereinafter referred to as 'the trial court') which was forwarded to S.H.O., Police Station, Raipur under sub-section (3) of Sec. 156 Crimial P.C. for investigation. On receipt of complaint, the concerned S.H.O. recorded First Information Report No.57/89 on 15th July, 1989 and proceeded with the investigation. After thorough investigation the police came to conclusion that no such occurrence took place and filed negative final report on 23.7.1990 under Sec. 173 Crimial P.C. During the course of investigation the police recorded statements of various witnesses and reached to the conclusion that the complainant has lodged false report. On 10th Sept., 1990, the complainant filed protect petition before the trial court. The trial court took cognizance of offences under Sections 323 and 504 I.P.C. on 15.10.1990 and issued process for summoning accused, who were named in the complaint. The complainant had impleaded as many as 31 persons as accused.

(2.) I have perused various order sheets of the trial court, complaint, F.I.R. and the statements of witnesses recorded by the trial court under Sec. 202 Crimial P.C. as also under Sec. 161 Crimial P.C. by the police.

(3.) It is contended by learned counsel for the petitioners that for the offences alleged to have been committed on 21.6.1989, the trial court took cognizance of the offences under Sections 323 and 504 I.P.C. on 15.10.1990. However, the trial court did not proceed with the offence under Sec. 504 and framed charges for the offences under Sections 323 and 147 I.P.C. He contended that the complaint alleged that he was assaulted by as many as 31 persons but he sustained no injury on his person which shows that no such occurrence took place. Had the complainant been assaulted by as many as 31 persons, he would have sustained some injuries and in absence of injuries, the entire case of the complainant is falsified and on investigation police rightly came to the conclusion that the complainant had lodged a false report and no such occurrence as alleged by the complainant took place.