MEGH NATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of instant petition under Section 482 Cr.P.C., the petitioners seek to quash the order dated 4.7.2002 passed by the Judicial Magistrate, First Class, Dungargarh summoning the accused petitioners for trial for offence under sections 504 & 379 IPC.

(2.) Briefly stated, the facts of the case are that on 1.2.1997, Mana Ram lodged an oral First Information Report to the effect that on 31.1.1997 he and Govind Nath were not present at the house. His son Jhoomar Ram, son in law Sohan Ram, Dalu son of Govind Ram and Dhandhla were engaged in the work of stone excavation from Government land known as Thukriyasar-ki-rohi at about 10.00 a.m. At that time, the accused-petitioners Meghla, Bhagirath and Prabhura and the wife of Meghnath arrived there armed with Jaiye and lathies. They abused them in derogatory language referring to their caste. They made an attempt to assault Jhoomar and Sohanji and other women folk. Jhoomar, Dalu and Sohanji escaped from the place of incident. In their absence, the accused persons took away the stones and the instruments for excavation and breaking of stones. On this information, police registered a case for offence under sections 147, 148, 149 and 379 IPC. After the investigation, police forwarded a negative report to the Court of Judicial Magistrate, First Class, Dungargarh. The complainant objected to the acceptance of Final Report by way of protest' petition. The statements of Dal Nath and Govind Nath were recorded. The learned Magistrate by the order dated 4.7.2002 took cognizance against the accused persons for offence under sections 504 and 379 IPC.

(3.) It is contended by Mr. M.K. Garg, learned counsel appearing for the petitioners that proceedings against the petitioners being barred by the provisions of Section 467 Cr.P.C., the prosecution was under obligation to file the charge-sheet within limitation provided under Section 468 Cr.P.C.