BHANWAR LAL PATEL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Misc. Petition under Sec. 482 Cr.P.C. has been preferred claiming the following reliefs:-

(2.) Mr. Dhirendra Singh, learned Senior Counsel assisted by Mr. Jagdish Singh appearing on behalf of the petitioner submits that the facts in brief of the case are that one Ghevar Ram filed a complaint before the learned Trial Court, stating therein that he is a resident of Rohicha Kalan, Tehsil Luni, District Jodhpur, with agricultural land at Village Ratdi, Tehsil Siwana, District Barmer where he farms the land along with the rest of his family. And that on 17/11/2004 at midnight, while he was sleeping in his Dhani along with other family members, police personnel came to his house to question his about one Papparam's whereabouts. And that, when he did not respond, they gave beatings him with lathis and inflicted injuries upon his person, namely his eyes, back and thighs. And that, when the niece of the complainant, Dhapu Bai, attempted to intervene, they misbehaved with her, assaulted her and threatened to implicate her in a false case. And that, the learned Court below on the basis of statements recorded, of the complainant under Sec. 200 Cr.P.C. and the witnesses under Sec. 202 Cr.P.C., proceeded to take cognizance against the petitioner for the offences under Ss. 452, 323, and 341 I.P.C. vide order dtd. 16/2/2012. And that, aggrieved by the same the petitioner preferred a revision petition against the same, which came to be dismissed by the learned revisional Court vide order dtd. 31/10/2018.

(3.) Learned Senior Counsel for the petitioner further submits that the petitioner is a government servant who was discharging his official duty, and on the basis of apprehension, reached the residence of the complainant, to arrest history-sheeter Papparam. And that, when the petitioner and his team arrived at the residence, the complainant and his family did not cooperate and in fact, hampered the investigation process.