KURDA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under section 482, Criminal Procedure Code is directed against the order dated the 6th April. 1984, of the Munsif and, Judicial Magistrate, I Class, Rajgarh district Chun taking cognizance of the offence under sections 147 and 323. Indian Penal Code, against the petitioners who are nine in number.

(2.) The case relates to the incident which took place on March 25, 1982 at about 10 a.m. in the market near a temple at Taranagar. At First Information Report of the occurrence was lodged by Trilok Chand, who is petitioner No.2 in this case, at the Police Station, Taranagar, on the same day at about 10.30 a.m. The story set up in this report, briefly stated was that while Trilok Chand was returning from the market and was near the temple, Nauranglal non-petitioner No. 2 met him and caused injuries to him. He raised an alarm, which attracted several persons including Sarjoo Tali. Mohan Singh and Pramod Kumar, Trilok Chand was taken to the Police Station, Taranagar in a cart where he filed the aforesaid report on which F.I.R. Case No. 19/82 was registered against Nauranglal under sections 341 and 323 Indian Penal Code. After investigation, the police submitted a charge-sheet against Nauranglal in the court of Judicial Magistrate, Rajgarh, where the said case is pending.During the course of investigation of this case when the police went to the spot the Station House Officer found that Nauranglal was in a fighting mood and was making serious threats against Trilok Chand. Consequently, the police filed another charge-sheet against Nauranglal under sections 107,116(3) and 151, Criminal Procedure Code in the court of officiating Magistrate, Taranagar.

(3.) On or about April 23, 1982 Nauranglal filed a private complaint in the Court of Judicial Magistrate, Rajgarh against all the nine petitioners for the offence under section 323 and 142, Indian Penal Code. According to this complaint it Were the accused who caught hold of Nauranglal and beat him. The complaint was sent by the learned Magistrate to the Police Station, Taranagar, for investigation. On August 26, 1982 the Station House Officer of the said Police Station gave a final report in the case stating that the complainant in spite of repeated requests had not come forward to give his statement, nor produced any evidence in support of his case. Even Chinoo, photographer, whose name was mentioned as a witness in the complaint had pleaded complete ignorance. According to the police the complaint filed by Nauranglal was false. However the learned Magistrate on receipt of this report recorded the statements of Nauranglal and Ratan Singh and took cognizance of the offence under sections 147 and 323, Indian Penal Code against all the petitioners. Aggrieved by this the petitioners filed the present petition under section 482, Criminal Procedure Code. By the order of this court notices were issued to the respondents to show cause and further proceedings in the case before the learned Magistrate were also stayed. Respondent No. 2 Nauranglal did not appear inspite of notice and the petition was thereafter admitted on March 25, 1985.