NEMA RAM Vs. MANGILAL

JUDGEMENT

(1.) THIS Revision Petition has been preferred against the order dated 18. 6. 1988 passed by the learned Addl. Chief Judicial Magistrate, Rajasthan in Criminal Complaint Case No. 273/88, whereby the cognizance against the accused-petitioner for the offences punishable under Sections 323,324/34 & 326/341. P. C. and ordered for issuing bailable warrant to ensure their attendance.

(2.) IN nutshell, the relevant facts are that on the report of the complainant-non-petitioner Crime No 72/88 was registered at police station, Ratangarh against the accused-petitioners and their father Govind Ram. The police after investigation submitted a challan only against accused Govind Ram for the offences under Section 341,323,324 & 326 I. P. C. It was mentioned in the challan that as against the accused-petitioners, from the investigation on offence was made out and that they were also not present at the time of alleged occurrence. The complainant through the Addl. Public Prosecutor filed a protest petition before the learned Addl. Chief Judicial Magistrate, Ratangarh praying that cognizance may also be taken against the accused-petitioners. The learned Addl. Chief Judicial Magistrate, after perusing the challan papers by his order dated 10. 5. 88 dismissed that application holding that there did not exist sufficient grounds for taking cognizance against the accused-petitioners. Thereafter on 17. 5. 88, the complaintant non-petitioner separately filed a criminal complaint against the petitioners in respect of the same incident for the offences under Sections 323/34, 324, 326 & 457 I. P. C. The learned Magistrate recorded the statement of the complainant-non-petitioner under Section 200 and examined his witnesses under section 202 Cr. P. C. and by his impugned order dated 18. 6. 88 took cognizance against the petitioners for the offences narrated above. Hence this revision petition.

(3.) THE up-shot of the above discussion is that this revision petition is allowed and the order dated 18. 6. 1988 passed by learned A. C. J. M. , Ratangarh is hereby quashed. It is however made clear that this order will not bar or stand in his way to exercise his discretion under section 319 (1) Cr. P. C. .