GUMAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this petition under section 482 of the Code of Criminal Procedure the accused wants that the proceedings pending against him in the court of Addl. Chief Judicial Magistrate, Jaipur District, Jaipur for the offence under section 166 I. P. C. be quashed.

(2.) A charge-sheet against the petitioner was filed in the court of Addl. Chief Judicial Magistrate, Jaipur District, Jaipur on the allegations that the petitioner, when he was a Superintendent of Police at Sirohi failed to obey the direction of law in not protecting Leela Kalwi of village Ajari and Nihal-chand Seni of Parsi Chawal. It was alleged that in May, 1968 Leela was forcibly taken to the palace of Maharaj Kumar Raghubir Singh at Sirohi, where he was asked by Maharaj Kumar Raghubir Singh to sell his land and when he declined he was beaten. It is alleged that the petitioner was present at that time. The prosecution allegations further are that Leela was, then, taken to the forest where his thumb impressions were obtained on some documents. ft is alleged that the petitioner actively helped Maharaj Kumar Raghubir Singh in the illegal eviction of Leela from his land. Another set of allegations are that Nihalchand Seni was taken to the palace at Sirohi on July 6, 1967 and was forced to put his signatures on a stamp paper renouncing his claim to his property. It is alleged that petitioner Guman Singh was present at that time and helped Maharaj Kumar Raghubir Singh in forcibly dis-possessing the said Shri Nihalchand Seni from 86 bighas of land. The complaint was filed on July 15, 1976. The learned Magistrate took cognizance and summoned the accused for the offence under section 166 I. P. C. Aggrieved by this, the petitioner has filed the present application in this Court for quashing the said proceedings.