BHAGWAT SINGH Vs. STATE

JUDGEMENT

(1.) The instant miscellaneous petition has been filed by the petitioner complainant against the order dated 9.5.2007 passed by the learned Sessions Judge, Rajsamand in revision whereby he has allowed the revision petition filed by the respondent no. 2 and quashed the order dated 25.9.2006 passed by the learned Judicial Magistrate, Ist Class, Deogarh whereby cognizance had been taken by the learned Judicial Magistrate against the respondent no. 2 for the offence under Section 341, 323 and 504 I.P.C.

(2.) Succinctly stated the facts of the case are that the respondent no. 2 who at the relevant time was posted as Excise Inspector Circle Deogarh, acting on a source information and after being accorded the proper authorisation, conducted an excise raid at the house of one Anop Singh on 6.5.2002. Anop Singh managed to make goodhis escape and illicit liquor was recovered from his house.

(3.) The family members of Anop Singh assaulted the respondent no. 2 whilst he was discharging his official duty and accordingly two F.I.Rs. were filed one in the Excise Department being F.I.R. No. 12 under the Excise Act dated 6.5.2002 against Anop Singh for the offences and the other being the F.I.R. No. 111/2002 registered at P.S. Deogarh for the offences under Sections 354, 323, 341, 504 I.P.C. against the petitioner Bhagwat Singh and the other family members of Anop Singh who had obstructed the public servant from discharging his official duties (Excise Inspector Rajendra Bhanavat respondent no.2). After investigation, Anop Singh was charge sheeted for the offences under Section 16/54 and 19/54 of the Rajasthan Excise Act. in the Court of learned Judicial Magistrate on 10.7.2002. On the same day he pleaded guilty and accordingly he was convicted for the above offences and was let off on probation.