GAJRAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have prayed for quashing of the FIR No.183/11, registered at Police Station Sikandara, District Dausa for offences under Sections 143, 447, 341, 323 Penal Code and have challenged the cognizance order dated 3.1.2012 passed by the Judicial Magistrate, First Class, Sikarai, District Dausa.

(2.) The brief facts of the case are that on 22.6.2011, the petitioner No.2, Bhagwan Sahai, lodged a written report at Police Station Sikandara, District Dausa wherein he claimed that in Khasra No.213/14 situated in Village Nanga Wali Dhani, he and his family members are the registered owner of 8 Bigha, 13 Biswa of land. According to him, this land was bought through a registered sale deed. Ever since they bought the land, they have been cultivating it. He further alleged that on 22.6.2011 around 12.00 O'clock in the afternoon, accused Ramjilal, Srinarain, Man Singh, Chiranji, Ram Khiladi, Kishanlal, Mohar Singh, Surjan, Ramotar, Rajendra, Bhoma, Pukhraj, Vishram, Srikishan, Amar Singh, Ramveer, Veer Singh, Om Prakash, Mukesh, Kajod, Man Bhawan, Ummed, Kilan, Surjan, Singari, Tofali, Nangi, Kaushalya, Keshanta, Badam, Gaindi, Foranta, wives of Surjan and Rajendra, Kamod, Sumotri, Mukeshi, Meera, wife of Mukesh, trespassed into his land and started cultivating the land. When he and his family members protested these persons who were armed with Axe, Barchhi (a sharp edged weapon), Dharia (a sharp edged weapon), Lathi (bamboo stick), they attacked them. He further claimed that Rajendra tried to drive the tractor over them. Consequently, he claimed that he himself, Sardar and Rambho have suffered injuries on their head. Moreover, Gajaraj, Roopa, Shiv Charan, Manju and Subuddhi have also suffered injuries over their head caused by sharp edged weapons. On the basis of this report, a formal FIR, FIR No.182/11 was chalked out for offences under Sections 143, 323, 341, 447 IPC.

(3.) On the next date, i.e. on 23.6.2011, the complainant in the present case, namely Pukhraj, also lodged a written report at the same police station wherein he claimed that on 22.6.2011 around 12.30 PM, Bhagwan Sahay, Ramotar, Sardar, Jagdish, Om Prakash, Vikram, Mahendra, Totaram, Fateh, Prem, Kesa, Aganti, Kaushalya, Kesa, Asha, Ghasi, Mohar Singh, Subedar, Mukesh, Gajraj, Hanuman, Dharma, Manju, Rambho, Shrawan, Hansraj, Bharatlal, Harjan, Subuddhi, Ramniwas, Radhakishan, Sardar, Kamali, Resham, Kamlesh, Mansingh, Pana, Girraj, Chiranji, Failiram, Bhoti Devi, Manohar Dev, entered into his land which was under his possession. These persons also carried Axe, Barchi, iron rods with them. These persons came in five tractors and illegally trespassed his land. Once these persons assaulted him and his family members, consequently, Srikishan, Ram Khiladi, Ramjilal, Pukhraj, Ramkesh, Ramotar, Chhangari, Kamod, Badam, Gaindi were seriously injured. The injured were rushed to the Government hospital situated in Dausa. On the basis of this report, the police registered a formal FIR, FIR No.183/11 for offences under Sections 143, 447, 341, 323 IPC. Thus, out of the same incident, two cross cases were registered.