RAJEEV DUTTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The prosecution case originates from a written report lodged by the complainant, Shri Vijay Sharma, at Police Station Bajaj Nagar, Jaipur. It was alleged that on 6/3/2002, between 5:00 to 6:00 AM, approximately 50-60 persons, along with several vehicles, unlawfully entered the premises in question and demolished the boundary wall and gate. Damage was allegedly caused to the property and articles lying there and the persons present at the site sustained injuries. It was specifically alleged that the said acts were committed at the instance and under the directions of the Commissioner. On the basis of the above report, FIR No. 101/2002 was registered under Ss. 147, 451, 323, and 427 of the IPC, and investigation was set in motion. After investigation a negative final report was submitted before the competent court. Upon a protest petition filed by the complainant Vijay Sharma, the learned Magistrate took cognizance against the present petitioner on 10/2/2009 which was subsequently affirmed by the revisional court vide order dtd. 21/5/2018.

(2.) The present petition assails the aforesaid orders taking cognizance against the petitioner, who at the relevant time was serving as an Enforcement Officer in the Jaipur Development Authority (JDA). The allegations arise out of proceedings undertaken for removal of encroachment from public land.

(3.) Heard learned counsel for the parties and perused the material available on record.