DAULA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition under Sec. 397/401 Cr.P.C. has been filed against the order dtd. 19/9/2022 passed by learned Additional Sessions Judge, Sanchore, District Jalore in Criminal Revision No. 10/2020 whereby, the order passed by learned Judge, Gram Nyayalay, Sanchore dtd. 15/10/2016 taking cognizance against the respondents for offence under Ss. 447, 427/34 IPC was quashed.

(2.) Brief facts of the case are that the complainant petitioner lodged a written report before the Police station, Sanchore stating therein that his ancestral land is situated in village Bhadwal fitted with iron gate and fencing. It was alleged that on 20/11/2015, the accused persons including Shamji, Kesa, Daya Ram, Lalji, Jitu, Lumba, Sukhdev armed with Geti and Spade forcibly entered into the plot and broke the slabs, boundary wall etc. It was further alleged that the accused persons took away the iron gate with them. On this report a case under Ss. 143, 447, 427, 379 IPC was registered against the accused persons and investigation commenced. After investigation, the police filed charge-sheet against Lala Ram, Kesa Ram, Sukhdev @ Suresh, Lumba Ram under Ss. 447 and 427/34 IPC and thereafter, charges were framed against the accused persons under Ss. 447, 427/34 IPC.

(3.) The prosecution in support of its case, examined PW-1 Ramesh Kumar, PW-2 Girdhari, PW-3 Daula Ram, complainant, PW-4 Amba Ram and PW-5 Parvata Ram. Thereafter, an application under Sec. 319 Cr.P.C. was filed by the petitioner for taking cognizance against the accused respondents No. 2 to 4. The learned Trial Court while allowing the application filed by the petitioner, took cognizance against the respondents No. 2 to 4 for offence under Ss. 447, 427/34 IPC vide order dtd. 15/10/2016.