MAHAVEER Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) - The instant misc. petition has been filed on behalf of the petitioner challenging the order 6.9.2005 passed by the learned Addl. Chief Judicial Magistrate, Raisinghnagar in F.R. No. 85/2001 rejecting the protest petition filed by the petitioner as affirmed in revision by order dated 6.9.2007 passed by the learned Addl. Sessions Judge, Raisinghnagar.

(2.) Briefly stated the facts necessary for the disposal of this misc. petition are that the petitioner claiming himself to be an Ex-Sarpanch of the Gram Panchayat Mokamwala, Tehsil Raisinghnagar lodged a F.I.R. on 6.5.2001 for the offences under Sections 341, 323, 143, 336, 427, 504 Indian Penal Code and Sec. 27 of the Arms Act arraying the respondents Nos. 2 to 6 as accused. The allegation as set out in the F.I.R. was that when the petitioner was travelling in his own jeep from Raisinghnagar on the road which passes from Chak 6 PTD, at that time, the respondents Nos. 2 to 6 came near the vehicle of the complainant and drove their vehicle rashly so as to over turn the complainant's vehicle. It was further alleged that 4he respondents Nos. 2 to 6 thereafter started quarrelling and assaulted the petitioner. It was further alleged that the respondents fired two gun shots but the same did not hit the petitioner. An allegation was also levelled against the respondents that the petitioner's jeep was also damaged. It was further alleged that the petitioner met the Addl. S.P., Raisinghnagar and filed a complaint for taking action against the accused, but when no action was forthcoming on his request, he met the Superintendent of Police, Sri Ganganagar on 11.4.2001 and thereafter filed a private complaint against the respondents. The complaint was sent to the Police Station, Raisinghnagar under Sec. 156(3) Criminal Procedure Code, on which, an F.I.R. No. 170/2001 was registered for the aforesaid offences and investigation commenced.

(3.) The police after investigation submitted a negative F.R. in the matter. The petitioner upon receiving the notice of the F.R. filed by the police appeared in the Court of the concerned Magistrate and filed a protest petition, but the learned Magistrate by order dated 6.9.2005 rejected the protest petition filed by the petitioner and accepted the F.R. The petitioner challenged the order rejecting his protest petition by way of a revision and the same was also rejected by the Revisional Court i.e. the learned Addl. Sessions lodge, Raisinghnagar by order dated 6.9.2007.