SUKHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal miscellaneous petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, "the Code" hereinafter) is directed against the order dated 25-1-2006 passed by the Judicial Magistrate No. 7, Jodhpur (for short, "the trial Court" hereinafter) whereby the trial Court took cognizance of the offences under Sections 302 and 365, IPC and summoned the petitioners by non-bailable warrant. Aggrieved by the order impugned, the petitioners have filed the instant criminal miscellaneous petition.

(2.) I have heard learned counsel for the parties. Carefully gone through the order impugned as also the material placed on record including the police investigation papers.

(3.) The facts and circumstances giving rise to the instant petition are that complainant Mangla Ram lodged a FIR with the Police Station, Dangiyawas, district Jodhpur, on 24-10-2004 alleging therein that on 23-10-2004, at about 11.00 p.m., both the petitioners came to his house, called his son Dhanna Ram (deceased), on which when Dhanna Ram came out of the house, the petitioners started abusing him, assaulted him and thereafter when the complainant and other persons tried to intervene, he was kidnapped and taken away. It was also alleged that apart from deceased Dhanna Ram, the other persons who came to rescue Dhanna Ram, also suffered injuries at the hands of the petitioners. Thereafter, he received a telephone in the morning at 10.00 a.m. that his son's dead-body is lying near the railway line. On this report, the police registered the crime report and investigated the matter. After investigation, the police filed negative final report. On a notice, the complainant filed a protest petition. The trial Court, on considering the material filed by the police, prima facie came to the conclusion that from the statements of witnesses recorded by the police, the post mortem report and the other evidence on record, prima facie there is a ground to proceed against both the petitioner for the offences under Sections 302 and 365, IPC and issued the process, as noticed above.