SHEOPAT RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ON September 10, 1982 petitioner Sheopatram filed a complaint in the Court of Judicial Magistrate No. 2, Hanumangarh against non -petitioner No. 2 Omprakash and five others under Sections 379, 447 and 147 IPC with the allegations that they had gone to his 'Nohra' and illegally dismantled his 'nohra' on September 9, 1982. That, some of his articles were taken away by the aforesaid persons and some articles were still lying there. That when he had gone to the Police to lodge a complaint against Sheopat Ram and others six persons mentioned in the complaint went to his 'nohra' and forcibly took away the remaining articles mentioned in para 4 of the complaint. The petitioner supported the contention of the complaint by examining himself and witnesses Daulat Singh, Gurucharan Singh and Madan Lal. The learned Magistrate by the order dated October 5, 1982 took cognizance against Om Prakash and five others named in the complaint, under Sections 379 and 447 IPC.

(2.) OM Prakash, feeling aggrieved by the aforesaid order of the learned Magistrate filed revision petition. The learned Additional Sessions Judge, Sri Ganganagar by the order October 18, 1984 allowed the revision petition and set aside the order dated October 5, 1982 by which the learned Magistrate has taken cognizance as stated earlier.

(3.) THE learned Counsel for the petitioner vehemantly argued that the learned Additional Sessions Judge was in error in holding that for the same incident, two complaints have been filed. According to Mr. Sidhu, the times of the two incidents and the articles involved in are different.