NANAG RAM Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) The instant miscellaneous petition has been filed by the petitioner challenging the order- dated 1.12.2010 passed by the learned Addl. Sessions Judge, Bhinmal in revision whereby he has affirmed the order dated 25.5.2007 passed by the learned Chief Judicial Magistrate, 1st Class, Raniwara in Case No. 112/2004 taking cognizance for the offence under Sec. 219 I.P.C.

(2.) Succinctly stated the facts of the case are that the petitioner was working as Nayab Tehsildar at Raniwara at the relevant time and in his Court a proceeding under Sec. 91 of the Land Revenue Act was going on against the complainant. The petitioner passed as order of removal of encroachment against the complainant on 28.8.2003. The respondent complainant filed a complaint alleging that he had sought transfer of the file from the petitioners Court and despite being made aware of the transfer order having been passed on 27.8.2003, the petitioner mala fide and in order to cause damage to the complainant passed the order of removal of encroachment totally contrary to principles of natural justice.

(3.) The learned Magistrate on the basis of the evidence of the complainant recorded under Sec. 200 Crimial P.C. proceeded to issue process against the petitioner for the offence under Sec. 219 I.P.C. The petitioner assailed the order taking cognizance and the revision filed by the petitioner has been rejected as stated above. Now, the petitioner has approached this Court by way of instant miscellaneous petition seeking quashing of the order taking cognizance and all subsequent proceedings sought to be taken against him in this case.