DWARKA PRASHAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY way of instant petition under Section 482 of the Code of Criminal Procedure the petitioner has challenged the order dated 10. 02. 1994 passed by the Additional Sessions Judge, (Special Judge, (Prevention of Atrocities Act) Cases, Hanumangarh refusing to interfere with the order dated 27. 8. 1990 passed by the Munsiff & Judicial Magistrate, Loonkaransar taking cognizance against the petitioner and others for offence under Section 147, 323, 324, 450 & 149 I. P. C.

(2.) BRIEFLY stated the facts giving rise to the instant petition are that Liyaquat Ali the son of second respondent Munshi Khan submitted a written First Information Report on 29. 1. 1990 at Police Station, Loonkaransar at about 8:30 P. M. stating inter alia that he was in possession of a residential house in Ward No. 14 of Village Loonkaransar. There was some dispute regarding which proceedings were pending in the competent court. But the petitioner herein holding the office of Additional District Magistrate alongwith the Tehsildar and a force consisting of about 15-20 persons arrived at his house and malafidely damaged the same. On being objected his mother, father, brother sisters were also assaulted. It is alleged that the petitioner and the Tehsildar left the place of occurrence after directing the force to put the house to fire. As per the directions the house was put to fire and it was reduced to ashes. His belongings and the cattle were also burnt. The police after investigation forwarded a final report to the court of Judicial Magistrate, Loonkaransar. However, the learned Magistrate by the impugned order has taken cognizance against the petitioner and others for offence under Section 147, 436, 323, 324, 450 & 149 I. P. C.

(3.) CONSEQUENTLY, I allow the petition and quash the order of the Special Judge, SC/st (Prevention of Atrocities) Cases, Hanumangarh dated 10. 02. 1994 and the order of the Munsiff & Judicial Magistrate, Loonkaransar dated 27. 8. 90. The proceedings against the petitioner stand quashed. The record of the case be returned forthwith. .