LAWS(RAJ)-2014-10-55

VIKAS KUMAR Vs. STATE OF RAJASTHAN

Decided On October 14, 2014
VIKAS KUMAR Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THIS misc. petition has been filed under Section 482 Cr.P.C. to assail the order dated 09.10.2013 passed by the Presiding Officer, Gram Nyayalaya, Neemrana, Alwar whereby the petitioners were summoned to stand trial for offence under Sections 323, 324 and 341 IPC. Further prayer has been made that along with above order, order dated 17.09.2014 passed by Additional Sessions Judge No. 1, Behrod, Alwar may also set aside.

(2.) COUNSEL for the petitioners has submitted that FIR was lodged by the complainant against the petitioners, same was thoroughly investigated and the investigating agency came to the conclusion that no offence has been committed by the petitioners and the petitioners have been falsely implicated. It is further contended that in the occurrence mother of the petitioners was caused injury on the cheek along -with other members of the family of the petitioners, consequently at the instance of petitioners an FIR was lodged against the complainant. It is submitted that in fact present case is counter blast to the case registered at the instance of the family of the petitioners against the complainant in order to pressurize them not to pursue the case registered at their instance.

(3.) SHRI Jain, to assail the orders passed by two courts below, has raised following two arguments for consideration of this court: