KAMAL KUMAR Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant misc. petition has been preferred by the petitioner challenging the order dated 15.12.2011 passed by learned Additional Sessions Judge, Churu in Criminal Revision No.10/2011 (7/2011) whereby he has affirmed the order dated 19.8.2009 passed by the learned Chief Judicial Magistrate, Churu taking cognizance against the petitioner for the offences under Sections 341, 323 and 504 I.P.C.

(3.) Succinctly stated the facts of the case are that the respondent no.2/complainant submitted an F.I.R. at the P.S. Kotwali, Churu on 20.3.2009 alleging inter alia that on 11.3.2009 when he was going on his motorcycle from near Balaji Temple, at that time, the petitioner accosted him, pushed him down from the motor cycle and started beating him indiscriminately. He further alleged that the petitioner gave a blow by a sharp weapon on his face. The complainant further alleged that on hearing his cries, a number of persons including Bhanu Soni came there and saved him. He further alleged that he bleed profusely and became unconscious and as such, he did not knew as to who had taken him to the hospital and ultimately, after recovering, he came to the Police Station for reporting the matter. On the basis of the aforesaid allegations, FIR No. 101/2009 was registered under Sections 341 and 323 Penal Code and investigation commenced. The police after investigation came to the conclusion that ex-facie the FIR filed by the complainant was patently false and concocted. The complainant did not provide any material whatsoever to show that he had been admitted in the hospital as claimed by him in the FIR. The police found that on the day next to Holi, the complainant quarrelled with the accused after consuming liquor and thereafter filed the belated report for oblique motives. The highest case which was found to be proved was for the offence under Sec. 504 IPC, which is a non-cognizable offence. The complainant, however, was not satisfied by the FR filed by the police and submitted a protest petition and examined himself in support of the protest petition. However, he did not produce any record regarding his alleged hospitalisation during the period of nine days from the date of occurrence till the date of filing the FIR. The injury report which has been prepared during the course of investigation on 25.3.2009 also reveals that the complainant was diagnosed with a complaint of pain and nothing beyond that. No corresponding injury by a sharp weapon as alleged by the complainant on the face was found existing on medical examination. The independent witnesses who have been examined during the course of investigation stated that the petitioner runs a tea stall and on 11.3.2009, the complainant came to the shop of the accused and started throwing away his utensils on which there was a verbal exchange between the petitioner and the complainant. However, the learned Magistrate did not accept the FR filed by the police and vide order dated 19.8.2009, proceeded to take cognizance against the petitioner holding that the allegations of the complainant were corroborated by the medical evidence as well. The petitioner challenged the order dated 19.8.2009 taking cognizance against him by filing a revision. The revisional court vide order dated 15.12.2011 affirmed the order taking cognizance. Hence, the petitioner has filed the instant misc. petition seeking quashing the aforesaid orders and all proceedings going on against him in the trial court.