AKALOVYA BHANSALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of instant petition under Section 482 Cr.P.C., the petitioners seek direction to quash the order of the Judicial Magistrate, First Class No. 3, Jodhpur dated 21.12.2003, taking cognizance against them for offences under sections 353, 332, 147 and 149 IPC.

(2.) The brief facts giving rise to the instant petition are that on 16.4.2003 at 12.40 noon, one Guru Bhupendra Singh, Sub-Inspector, Police Station Udaimandir, submitted a written report, stating inter alia that on the said day in connection with the investigation of FIR Case No. 181/2003 for offence under section 4/25 of the Arms Act and 188 IPC, he visited the Court premises seeking assistance from the President, Bar Association for the arrest of one Deshraj Kalla Advocate. Before he could talk to the President of the Bar Association, he found that advocate Deshraj Kalla with some other advocates coming out from the High Court premises. It is alleged that Deshraj Kalla instigated his fellow lawyers to make an assault on him. It is further alleged that Deshraj Kalla gave a blow on his left eye. The other advocates also made an assault on him. The said advocates cause obstruction in discharge of his official duty by making assault on him. On this information, police registered a case for offence under Sections 535, 332 I.P.C. After investigation, police filed a charge-sheet against the petitioners for offences under sections 353, 332, 147 and 149 IPC.

(3.) I have heard learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the police papers.