NARAYAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision under Sec. 397/401 of the Code of Criminal Procedure, 1973 (for short 'the Code' hereinafter) is directed against the order dated 22.3.2005 passed by Judicial Magistrate, Pipar City (for short 'the Trial Court' hereinafter) in Criminal Case No. 44 of 2002 whereby the protest petition filed by the petitioner complainant was dismissed and negative final report being FIR No. 44 of 2002 filed by the police in FIR No. 117 of 2002 Police Station Pipar City, District Jodhpur was accepted. Aggrieved by the order impugned, the petitioner has filed the instant revision petition.

(2.) I have heard learned counsel for the parties. Perused the order impugned. I have carefully gone through the record of the Trial Court.

(3.) A complaint was filed by the petitioner - complainant before the Trial Court on 16.4.2002, inter alia, alleging therein that the petitioner is in possession of an agriculture land bearing Khasra No. 341 in Village Devnagar (Khariya Khangar) as the Khatedar. The land is surrounded by wall having 6 feet height constructed with stones. It was alleged that on 14.4.2002, at about 2.30 PM, the accused named therein committed trespass and demolished the stone - wall constructed by the petitioner about 225 feet in length and the stones were taken away by the accused named therein in the tractors. It was also alleged that in as many as 16 trolleys stones and an iron gate have been taken away by the accused persons causing loss to the petitioner to the tune of Rs. 16,000.00 and Rs. 4,000.00 respectively. The complaint was sent to the police for investigation under Sec. 156(3) of the Code, upon which, the police registered Crime Report No. 117 of 2002 RS. Pipar City. The matter was investigated by the police. During investigation, police prepared the site map and site inspection note. However, finding that some of accused persons named therein had already filed a revenue suit for permanent injunction under Sec. 188 of the Rajasthan Tenancy Act, 1955 against Pancharam and Others, the police submitted negative final report. The petitioner filed a protest petition on 10.11.2003 requesting the Trial Court to take cognizance of the offences against the accused named therein under Secs. 447, 427 and 379 IPC. The Trial Court, by order impugned, refused to take cognizance and accepted the negative final report and dismissed the protest petition filed by the petitioner.