ABDUL MAJID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant misc. petition has been preferred by the petitioners challenging the order dated 31.1.2008 passed by learned Judicial Magistrate, Churu taking cognizance against them for the offences under Sections 323 and 504 IPC as affirmed in revision by order dated 24.5.2010 passed by the learned Additional Sessions Judge, Churu.

(3.) Succinctly stated the facts of the case are that the respondent no.2/complainant filed a complaint with the S.P., Churu on 26.11.2006 alleging therein that he and his family members own and possess a plot located at Ward No.15, Mohalla Vyoparian, Churu. The complainant allegedly had erected a temporary tin shed in the plot and a boundary wall was raised by erecting stone slabs . The complainant allegedly carried on the business of selling fodder, wood etc. from the said plot. He further alleged that on 15.11.2006 when he was sitting at his the plot under the tin shed, at that time, his uncle Abdul Majid, Bilal and Saleem (the petitioners) came inside the plot with the intention of assaulting him and taking possession of the plot. It is alleged that the accused persons before entering into his plot started abusing him and threatened to kill him.