MUKESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition under Sec. 397/401 Cr.P.C. has been filed by the petitioners against the order dtd. 19/7/2018 passed by the learned Additional District & Sessions Judge, Pokaran, District Jaisalmer, whereby the learned Judge allowed the application under Sec. 193 Cr.P.C. filed by the respondent No. 2-complainant and took cognizance against the petitioners for offences under Ss. 323, 341, 325, 308/149 IPC and issued summons against them.

(2.) Succinctly stated, the facts of the case are that on 7/9/2017, complainant- respondent No. 2 submitted a written report before the concerned Police Station to the effect that the The accused individuals, including the petitioners, are alleged to have assaulted his brother Omaram, sister-in-law, Mrs. Dali Devi, and their daughter using lathis and iron rods. Following the report lodged by the complainant, the Police registered a case and initiated an investigation. Upon completing the investigation, the Police filed a charge sheet against certain accused individuals, namely Punjaram, Nemichand, and Harjesh Kumar, while they submitted a negative final report regarding the present petitioners, citing insufficient evidence to proceed against them.

(3.) Subsequently, the complainant/respondent No. 2 filed an application under Sec. 193 of Cr.P.C. before the Trial Court seeking cognizance against the present petitioners, which came to be allowed vide order dtd. 19/7/2018, leading the Trial Court to take cognizance of the alleged offences against the petitioners. Consequently, this revision petition.