GURDEEP SINGH Vs. STATE OF RAJASTHAN AND ORS

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant misc. petition has been filed on behalf of the petitioner challenging the order dated 23.1.2009 passed by the learned Sessions Judge, Bikaner in Criminal Revision No.303/2008, whereby the revisional court dismissed the revision petition filed by the petitioner against the order dated 13.12.2005 passed by the learned Chief Judicial Magistrate, Bikaner in relation to FIR No.249/2004 rejecting the protest petition filed by the petitioner and accepting the final report filed by the police.

(3.) Learned counsel for the petitioner submits that the petitioner, who is a Government servant, was severely and mercilessly assaulted by the accused persons while he was going from in front of his house. He submits that the petitioner filed a complaint with specific assertion that he was assaulted by the accused and large number of injuries was caused. He stated that his watch, gold ring and bicycle were snatched away by the accused. The complaint was forwarded to the P.S. Kot Gate, Bikaner under Section 156 (3) Cr.P.C. where FIR No.249/2004 was registered and investigation commenced. The petitioner was medically examined and he was found to be suffering as many as 12 injuries out of which large number of injuries were bruises, abrasions. There was a lacerated wound on the scalp of the petitioner. The petitioner was subjected to X-ray examination of the injuries but none of the injuries resulted into fracture. The Investigating Agency after investigation gave a final report in the matter with a finding that the petitioner might have received the injuries due to a fall.