LEKHRAJ Vs. STATE OF RAJASTHAN AND OTHER

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) It appears that petitioner Lekhraj lodged a F.I.R. at Police Station-Deeg on 8.3.1989 alleging that respondents No. 2 to 6 had committed offences under Sections 147, 323, 324, 379, 332 and 353, I.P.C. Due investigation was made and police submitted a challan against the accused-non- petitioners for offences under Sections 324 read with 34, I.P.C. Cognizance for offence under Sec. 324 read with 34, IPC, was taken by the Magistrate against the accused- persons on 13.6.1990.

(3.) Petitioner Lekhraj was aggrieved by the investigation and filed a protest petition under Sec. 190 of the Crimial P.C. on 28.6.1990, wherein he requested the learned Magistrate to take cognizance against the accused persons for offences under Sections 323, 353, 379, 326 and 147, IPC. The learned Magistrate, after hearing both the sides, granted the request of the complainant and took cognizance for offences under Sections 147 and 326, IPC, against Dwarka Prasad, and for offences under Sections 147, 326/323/149, IPC, against Nand Kishore, Veer Narain, Ratan Lal and Rameshwar. He also directed issue of bailable warrants to procure the arrest of the accused persons. Aggrieved, the accused persons filed a revision petition before the learned Sessions Judge, Bharatpur, which was disposed of by learned Additional Sessions Judge, Deeg, by order dated 2.7.1993. Learned Additional Sessions Judge was of the view that the learned Magistrate had no jurisdiction to take cognizance for offence under Sections 147 and 326, IPC, against Dwarka Prasad and for offences under Sections 147, 326/323/149, IPC. against the Kishore, Veer Narain, Ratan Lal and Rameshwar. He, therefore, set aside the order of the learned Magistrate. Aggrieved, the complainant has come to this Court.