O P SRIVASTAVA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and the learned Public Prosecutor for the non - petitioner No. 1. Nobody has appeared on behalf of non -petitioner. No. 2

(2.) I have gone through the record of the Criminal Case No. 188/1983 Ram Das v. Bhawani Shanker and Ors. pending in the Court of learned Additional Chief Judicial Magistrate No. 2, Udaipur. It appears that non -petitioner No. 2 Ram Das filed a complaint on 26 -4 -1983 in the Court of Additional Munsif and Judicial Magistrate (South), Udaipur. The complaint was later on transferred to the Court of Additional Chief Judicial Magistrate No. 2, Udaipur vide order dated 16th May, 1983. On 5 -2 -1983 another complaint was filed by Ram Das in the Court of Additional Munsif and Judicial Magistrate (South), Udaipur and that complaint was sent to the Station House officer Police Station Amba Mata under Section 156(3) of the Criminal Procedure Code. On the basis of that complaint Police registered a case under Sections 452, 427, 147, 149, 109 and 380 of the Indian Penal Code and commenced investigation. After investigation a final report was submitted by the Police under Section 173(2) of the Criminal Procedure Code in the Court of learned Additional Chief Judicial Magistrate No. 2, Udaipur. On perusal of that report submitted under Section 173(2) of the Criminal Procedure Code the learned Additional Chief Judicial Magistrate No. 2, Udaipur took cognizance of the offences under Sections 147, 448 and 427 of the Indian Penal Code against Manzoor Ali, Bhawani Shanker, O.P. Srivastava, Abdul Karim and Shesh Mal Phadagaria. The order taking cognizance of the aforesaid offences was passed on 25th May, 1983.

(3.) IN his complaint dated 5th February, 1983 it was alleged that in the city of Udaipur Kanhaiya Lal and Kishan Lal had constructed a house on Plot No. 306 situated in Kalbeliya colony and that plot was purchased by them by means of registered deed about 2 years before the alleged incident. It was further alleged that on 4th February, 1983 at about 11.30 A.M. accused Nos. 1,2, and 4 namely Shri Manzoor Ali, Shri Bhawani Shanker and Abdul Karim accompanied by 20 or 25 labourers who were armed with Sabal, Gaitee and Phawadas entered the house of complainant in an unlawful manner and started demolishing the constructions made there in and the goods which were placed inside the house were also thrown away and this act caused a loss of Rs. 16,000 to the complainant. In Para 5 of the complaint it was alleged that when the wife of the complainant raised objection to the demolition of the premises accused Nos. 1,2 and 4 forcibly turned out the complainant's wife and children out of the house and told that they were complying with the orders of accused Nos. 3 and 5. On the same day at about 2 P.M. when the complainant reached his house he come to know about the occurrence and by that time the accused persons and the labourers had already departed.