SANJU Vs. STATE

JUDGEMENT

(1.) THIS Misc. Petition under Section 482 Cr.P.C. has been filed against the order dated 18.2.2013 passed by Addl. District Judge, No.1, Deeg, Bharatpur in Criminal Revision no.75/2012 whereby the court upheld the order of cognizance taken against the petitioners and the revision petition has also been dismissed.

(2.) THE short facts of the case are that on parcha bayan of complainant -respondent No.2, an FIR No.501/2011 has been registered at Police Station, Deeg, Distt. Bharatpur, for the offences under Sections 143,323,341 and 379 IPC against the petitioners. After investigation, negative final report was filed. The complainant filed a protest petition and after recording statements under sections 200 and 201 Cr.P.C. the learned Magistrate took cognizance of the said offences and a revision petition has also been dismissed. Hence, this petition. Contention of the petitioners is that the case of the petitioners is that Sanju has also lodged FIR No.478/2011 against the respondent No.2 and after investigation charge -sheet has been filed against the respondent No.2 and to counter blast the charge -sheet, this false FIR has been presented and the court below has passed an order in a mechanical manner.

(3.) ON the statement of respondent No.2,FIR has been lodged in which specific allegations have been leveled against the present petitioners. Medical report is also there which shows that inured has suffered eight injuries out of which injury No.1 is incised wound and after X -Ray, it was found to be grievous in nature. Other eye witnesses have also supported the prosecution story. The court below has also considered the reasons on which negative final report was filed and looking to the material on record, the court below has rightly taken cognizance against the present petitioners. The only contention of the present petitioners that the cross FIR have been lodged just to counter blast their FIR. This is defence version which could be taken at the appropriate stage of proceedings.The present petitioners have also assailed the impugned order of taking cognizance by way of revision petition, hence,this misc. petition by way of second revision is not maintainable. The petition being devoid of any merit is liable to be dismissed and is dismissed.