GURSEV SINGH Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) This criminal revision petition under Sec. 397/401 of the Code of Criminal Procedure, 1973 (for Short "the code" hereinafter) is directed against the order dated 5.7.2005 passed by the Additional Sessions Judge, Anoopgarh, district Sri Ganganagar (for short, "the Revisional Court" hereinafter) in Criminal Revision No. 102/2003, whereby the Revisional Court set aside the order dated 17.7.2003 passed by the judicial Magistrate, Gharasana (for short "the trial Court" hereinafter), whereby the trial Court took congnizance of the offences under Sections 447, 427, 504, 147 Penal Code against non-petitioners No.2 to 10 and issued process.

(2.) I have heard learned counsel for the parties. Perused the orders of the Revisional Court as well as of the trial Court.

(3.) Petitioner-complainant lodged an FIR No.537/2001 against non-petitioners No.2 to 10 for the offences noticed above. However, after investigation, the police filed negative final report. A notice was issued to the complainant-petitioner by the trial court. The complainant-petitioner filed a protest petition and in support of the protest petition, produced as many as four witnesses, viz. CW 1 Gurucharn Singh, CW 2 Darbara Singh, CW 3 Gursev Singh (the petitioner-complainant) and CW 4 Kor Singh. These witnesses were examined by the trial Court on oath. The trial Court, considering the statements of these witnesses produced by the complainant-petitioner in support of the case, took cognizance against the non- petitioners No. 2 to 10 for the aforesaid offences and issued process vide order dated 17.3.2003. That order came to be challenged by the accused-non-petitioners No.2 to 10 before the Revisional Court.