BALBIR SINGH; RAJVEER SINGH & OTHERS; RAJBIR SINGH & ANOTHER; RANVIR SINGH & ANR; VEER NARAIN; SATYAVEER SINGH & ORS Vs. STATE OF RAJASTHAN & ANOTHER

JUDGEMENT

(1.) By these criminal misc. petitions, challenge is made to the order dated 15.5.2014 passed by the Additional Sessions Judge, Bharatpur on a criminal revision petition. A challenge is also made to the order dated 31.8.2013 passed by the learned Additional Chief Judicial Magistrate, Bharatpur for taking cognizance of the offence against the petitioner/s under sections 147, 148, 149, 323, 341 and 302 IPC. It was after the negative final report by the police.

(2.) Learned counsel for petitioners submit that prior to the FIR No.187/2006, an FIR was registered with the same Police Station bearing No.186/2006 on 20.9.2006 for offence under sections 147, 148, 149, 323, 307, 332, 353, 341, 342, 336, 365, 395 IPC and section 3 of the PDPP Act.

(3.) The allegation against the petitioners is for causing offence while they were on patrolling duty in the sensitive area while posted in the Police Station Udhyog Nagar, Bharatpur. On submission of negative final report, a protest petition was filed by the complainant- Pooran Singh. It was accepted by learned Judicial Magistrate after recording statements under section 200 CrPC. The cognizance of offence was taken under section 334 IPC. Against the said order of cognizance, revision petitions were filed by the accused petitioners and complainant Pooran Singh. Those revision petitions were transferred to the Additional Sessions Judge No.2, Bharatpur, who dismissed the revision petitions preferred by the accused petitioners and, at the same time, allowed revision petition filed by complainant Pooran Singh. He directed learned Magistrate to take cognizance of the offence under section 302 IPC against the accused petitioners. Against the order of the revisional court, criminal misc petitions were filed by the petitioners before this court. The order of the revisional court was set aside vide order dated 25.7.2012 with remand of the case to decide revision petition afresh.