RAJESH CHAND JAIN, Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this criminal misc. petition under Sec. 482 Crimial P.C., 1973 against the order dated 18.06.2008 passed by learned Additional Sessions Judge, Abu Road, District Sirohi in Criminal Revision No. 30/2007 whereby he has upheld the order dated 23.06.2007 passed by learned Judicial Magistrate, Abu Road in Complaint Case No. 32/2005 whereby the learned Magistrate took cognizance against the petitioner for offence under Sec. 323 IPC.

(2.) The brief facts as noticed by this Court are that the petitioner was posted as Assistant Commercial Taxes Officer at the relevant time and he checked a truck No.RJ 19 G 531 at which time, the petitioner was obstructed in the performance of his official duties and he filed a FIR in relation to this obstruction in which a charge sheet has been filed against the respondent No. 2 Deepesh Mathur. When the obstruction was being made, at that time, the officers of the Police Station Abu Road Sadar came there and apprehended respondent and some of his employees under Sec. 151 Crimial P.C., 1973 The respondent No. 2 was produced before the Executive Magistrate but he did not make any complaint regarding any misbehaviour of beating having been taken place with him or anybody else but instead he filed a complaint before learned Judicial Magistrate, Abu Road on 30.06.2005 against as many as seven persons including the petitioner as well as Om Prakash Gautam, SHO Police Station, Abu Road Sadar.

(3.) The allegation made in the complaint are that the petrol pump of the complainant is situated at Wasada Mawal in the name and style of Ranisa Narayan Filling Station where it is alleged that on 28.06.2005, a jeep came in which five persons were sitting and the occupants of the jeep started checking truck No.RJ 191 G 9811. The Manager of the petrol pump namely Chena Ram instructed the accused persons No. 1 to 5 i.e. the petitioner and other employees of the Sales Tax Check Post, Mawal to check the truck in the presence of the driver. The accused persons collectively abused Chena Ram and started to beat him and when the other employees of the petrol pump intervened then both the parties started fighting with each other.