MEGHRAJ SHRI BABU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this petition under Sec. 482 Cr.P.C., the petitioners have challenged the F.I.R. No. 04/2019 registered with Piloda, Police Station in the Distt. Sawai Madhopur for offences u/s 323, 341, 452, 504, 354 and 34 I.P.C. as well as the order of cognizance dtd. 24/4/2022 passed in connection with the aforesaid FIR on the protest petition filed by respondent No.2.

(2.) The case of the petitioners is that sister of the petitioners namely Nareshi Bai was married with Dharam Singh. Respondent No.2 Hari Gopal @ Mukesh, is elder brother of Dharam Singh. Nareshi Bai lodged FIR No. 129/2018 on 26/12/2018 for an incident of assault dtd. 24/12/2018 which was allegedly for nonfulfillment of dowry demands. Respondent No.2 and his wife Muneshi are accused in the case and they are also carrying allegation of physical assault for non-fulfillment of dowry demand. The husband of Nareshi is also accused in the aforesaid case. The trial of the case is at the stage of prosecution evidence.

(3.) The impugned FIR was lodged on 2/1/2019 by respondent No.2 alleging therein that on 24/12/2018, there was some altercation between Nareshi and Muneshi. Nareshi called her brothers (petitioners herein) who came on a motor cycle on 25/12/2018. They started hurling abuses to Muneshi and bitterly assaulted to Muneshi. When the neighbours came, they rescued Muneshi. Respondent No.2 reported the matter to the police on 26/12/2018, however the police did not register the case thereafter respondent No.2 sent a registered letter to the Superintendent of Police of the District on 27/12/2018. No action was taken on the letter then a complaint petition was filed before the Judicial Magistrate who forwarded the complaint under Sec. 156(3) Cr.P.C.to the police and the police registered the impugned FIR No. 04/2019. After investigation of the case, the police submitted Final Report. Thereafter under directions of the Magistrate, the matter was further investigated and again Final Report was submitted by the police. On the basis of protest petition filed by the complainant, learned Magistrate conducted inquiry under Sec. 202 Cr.P.C and considering the statement of witnesses of inquiry, cognizance was taken for offences under Sec. 323, 341, 452, 504, 354 and 34 I.P.C by the impugned order dtd. 21/4/2022.