DASHRATH SINGH & ORS. Vs. STATE AND ANR.

JUDGEMENT

(1.) The first petitioner Dashrath Singh is a Junior Engineer, second petitioner Shiv Bhagwan Sharma a helper and third petitioner Pawan Sharma a Line Man working in a Jodhpur Vidhyut Vitran Nigam Limited, Churu. On 18.09.2000 one. Aslam lodged a complaint in the Court of chief Judicial Magistrate, Churu alleging that on 16.09.2000 at about 3 P.M. the petitioners visited his shop, they abused and assaulted him. It is further alleged that they dragged him from the counter and assaulted with fists and feet. The learned magistrate recorded the statements of complainant Aslam and the other witnesses namely Kasam Ali and Fateh Mohd. He took cognizance for offence under Sec. 323, 504, 427 I.P.C.

(2.) The petitioners challenged the said order by way of revision and the same has been dismissed by order of the Sessions Judge, Churu dated 06.09.2001. It is not in dispute that the first petitioner Dashrath Singh lodged a First Information Report at Police Station, Churu on 16.09.2000 stating inter alia that he along with Shri Shiv Bhagwan Sharma and Pawan Kumar conducting surprise check at the Readymade Garments Shop belonging to one Aslam son of Anwal Ali in the main Bazar, Chuni. They found that meter of the shop was tempered by the consumer namely Aslam. He stopped the meter by putting a wire in it. While they were inspecting the meter as part of the duty Aslam attached on them. After usual investigation the Police has filed a challan against Aslam for offence under Sec. 332 and 353 I.P.C.

(3.) It is contended by the learned counsel that the learned Magistrate has committed error in taking cognizance against the petitioner for offence under Sec. 323,504 and 427 even without ascertaining the correctness of the allegations made. If he could have sent the complaint for investigation under Sec. 156(3) of the code of Criminal Procedure to the Police he would have come to know that the said complaint was filed as a counter blast.