DR VIRENDRA KSHETRAPAL Vs. RAJ TAX BOARD AJMER

JUDGEMENT

(1.) By way of filing this instant petition, the petitioner has challenged the order dtd. 5/7/2014 passed by the learned District and Sessions Judge, Bikaner in Criminal Revision No. 72/2013 (Krishan Kumar v. State & Anr.), whereby the order of taking cognizance dtd. 2/2/2013 passed by the learned A.C.J.M. No.4, Bikaner was set aside and respondent No.2 was discharged.

(2.) Briefly stated, the facts giving rise to the present petition are that on 28/8/2012, the petitioner had gone near Man Mandir to meet a relative, when respondent No.2, allegedly in a drunken state and in police uniform, arrived with another person. The petitioner was asked to accompany them to the police station, and upon seeking reasons, was allegedly abused, assaulted, and forcibly taken to Jai Narayan Vyas Colony Police Station. There, he was allegedly beaten and wrongfully detained in the lock-up until released under pressure from the public and his relatives. Despite assurance from the SHO, no action was taken against respondent No.2. Consequently, the petitioner filed a private complaint on 27/9/2012, whereupon statements under Ss. 200 and 202 Cr.P.C. were recorded. Based on the same, the learned A.C.J.M. No.4, Bikaner took cognizance against respondent No.2 for offences under Ss. 341, 323, 342, 504, and 506 IPC. Respondent No.2 challenged the said order by filing a revision, which was allowed by the learned District and Sessions Judge, Bikaner on 5/7/2014, resulting in the setting aside of the cognizance order and discharge of respondent No.2. Aggrieved thereby, the present revision petition has been preferred.

(3.) Heard learned counsels present for the parties and gone through the materials available on record.