SAJJAN RAJ SURANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This misc. petition under section 482 Crimial P.C. is directed against the order of learned Sessions Judge, Jaipur City, Jaipur dated 16.2.93, whereby he has affirmed the order of trial court taking cognizance against the petitioner under section 279 IPC.

(2.) The case of the prosecution is that on 24.9.92, one Fiat car No. RJ 3C 2415 was standing at the Rambagh Petrol Pump for the purpose of filling air in wheels. One another Maruti car No. DL 3 CB 2653 was also standing for the purpose of filling petrol. After taking petrol, Aarti drove Maruti car towards the compressor for filling air, in the wheels of Maruti car. After filling the air by driver of Fiat car, he drove the car reverse side and thereby hit at the back door of Maruti car and damaged the back door. On that, brother of Aarti, who is not eye witness of the incident, lodged FIR in Police Station Ashok Nagar. During investigation, it is found that the aforesaid Fiat car belongs to one Sajjan Raj Surana son of Shri Sukanraj Surana. During investigation, the police has prepared the site plan and also recorded the statements of Shri Joiswil Frid Jaksan, Smt. Aarti, who was driving the Maruti car at the relevant time, Shri Satya Narain and Shri Rianuddin and the challan was filed. Thereafter, the cognizance has been taken by the Addl. Munsif & Judicial Magistrate No. 12, Jaipur City, Jaipur against the petitioner for the offence under section 279 IPC. Against that order, he preferred the revision in the court of learned Sessions Judge, Jaipur City, Jaipur. Learned Sessions Judge has also upheld the order of trial court.

(3.) Being dissatisfied with the orders of courts below, the petitioner has filed this misc. petition under section 482 Crimial P.C.