MUKESH KUMAR Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THIS criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioner against the order dated 01.02.2014, whereby the Additional Chief Judicial Magistrate No. 2, Jalore (hereinafter referred to as 'the trial court') has directed the SHO, Police Station, Bagra, District Jalore to further investigate into the complaint filed by the respondent No. 2.

(2.) BRIEF facts of the case are that the respondent No. 2 has submitted a written report to the SHO, Police Station, Bagra, District Jalore while alleging that when his brother Ghewa Ram was returning home in his Lorry at about 08:00 PM on 27.09.2013, then accused persons Mukesh Kumar and Geega Ram came in a Jeep bearing No. RJ -16T -1121 from his backside has deliberately dashed their Jeep into the Lorry driven by his brother Ghewa Ram. It is also alleged that about ten days back, the accused persons assaulted Ghewa Ram at the bus stand and also threatened him that they would run over him under their Jeep.

(3.) THE trial court after taking into consideration the final report submitted by the police against the petitioner has passed an order dated 29.10.2013 while observing that before taking cognizance on the basis of final report submitted by the police against accused persons for the offences punishable under Sections 279, 337 and 338 IPC, it is necessary to hear the complainant -Veerma Ram and the trial court has summoned the complainant -respondent No. 2 while posting the matter on 27.11.2013. The complainant -Veerma Ram appeared before the trial court along with injured - Ghewa Ram on 01.02.2014 and the trial court has recorded their statements and, thereafter, sent the matter to the SHO, Police Station, Bagra, District Jalore for further investigation with a direction that he would place a copy of the order passed by the trial court before the Superintendent of Police, who shall monitor the investigation.