KRISHAN AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This miscellaneous petition is directed against The order dated 20-11-1991, passed by the Munsif and Judicial Magistrate, First Class, Suratgarh, by which the learned Magistrate took cognizance against the petitioners for the offences under Sections 452, 354 and 323 I.P.C. and Sec. 3 of the Scheduled Caste/Schedule Tribes (Prevention of Atrocities) Act, 1989.

(2.) Snit. Meera submitted a written report on 19-9-1991, at Police Station, Suratgarh. It was alleged in this report that in the night of 18-9-1991, when she was in her house, accused Puran, Ladu, Santa, Ladu Patwari, Bhagu, the nephew of Pappi Patwari and two-three more persons having Lathis in their hands, came to her house and caused injuries and, also, abused her. They were, at that time, in a drunken state. On hearing her cries, her son came there, snatched the Lathi and thereupon the accused went away. In the night accused Santa again came to her house, and caught hold of. her, she raised the cries, whereupon her son came there, snatched the Lathi from accused Santa and thereupon Santa went away. On the basis of this report, a case under Sections 452, 148, 149, 354 and 323 I.P.C. and Sec. 3 of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989, was registered against the accused-petitioners. The police, after necessary investigation, submitted the Final Report as according to the investigating agency. The learned Magistrate did not accept the Final Report and took cognizance by its order dated 20-11-91. It is against this order that the petitioners have preferred this miscellaneous petition.

(3.) It is contended by the learned counsel for the petitioners that there was no material available on record, on the basis of which the cognizance could have been taken against the petitioners. The F.I.R. and the evidence produced by the complainant do not disclose any of the offences against the petitioners and, therefore, the order taking cognizance as well as the proceedings initiated against the petitioners on the basis of the F.I.R. No. 280 of 1991 registered on 19-9-91 at Police Station, Suratgarh, deserve to be quashed and set-aside. The learned Public Prosecutor, on the other hand, has supported the order passed by the learned Magistrate taking cognizance against the petitioners and further submitted that there was sufficient material available on record, on which the learned Magistrate was justified in taking cognizance against the petitioners.