HARNARAIN Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) Instant petition under Sec. 482, Crimial P.C. is directed against order dated 22.12.2001 whereby Additional Chief Judicial Magistrate, Behror (Anwar) dismissed application of petitioner under Sec. 323, Crimial P.C. seeking commitment of Criminal Case No. 521-A/1999 to the Court of Additional Sessions Judge, Behror.

(2.) F.I.R. No. 235/1995 was chalked out on 19.8.1995 on the basis of Parcha Beyan of Harnarain (petitioner) and criminal case was registered at Police Station Behror against respondent Nos. 2 to 5 (Ramavtar, Pooran, Sedu, Madho) for offence under Sections 147, 451, 323, I.P.C. In Parcha Beyan, petitioner alleged that in early morning (Kaleva-tea time), while he was sitting along with his brother Prabhu, respondents (accused) came to their house alongwith 50-60 persons duly armed with lathis and Farsa (pick-axe) and started inflicting farsa blows to Harnarain (petitioner), resulting into sustaining injuries and he was immediately taken to the hospital. After investigation, police submitted negative final report, against which protest petition was filed by petitioner and on 3.12.1999, Magistrate took cognizance - which was quashed vide order dated 26.7.2001 by this Court in a petition filed by accused and matter was remanded, whereupon trial Magistrate took cognizance afresh vide order dated 18.9.2001.

(3.) F.I.R. No. 234/1995 was also chalked out on Parcha Beyan of larnarain S/o Sheonath Gurjar and criminal case was registered at Police Station Behror (Alwar) on 19.8.1995 for offence under Sections 147, 148, 149, 452, 307 LP.C. against Khushiram, Harnarain (complainant in F.I.R. No. 235/1995) Gariba, Bhambhu and Ramkuwar. In Parcha Beyan, it was alleged inter alia that at about 10 A.M. while sitting in front of his house under a Piple tree, Khushiram armed with sword, Ramkunwar with Farsi (pick-axe), Harnarain, Gariba and Bhambhu with lathis and hurling abuses besides saying to kill his uncle Khyaliram who was sitting in a chowk and then started inflicting sword blow on the shoulder and farsi blow on the head of Khyaliram and lathi blows were inflicted when he fell down. After investigation, challan was filed against accused in F.I.R. No. 234/1995 and the case was committed to the Court of Sessions, where the case, as informed, has been ripen for final hearing.