DATAR SINGH RAJPUT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C., 1973 has been preferred against the order dated 10.02.1999 passed by learned Judicial Magistrate, Rashmi, District Chittorgarh in Criminal Case No. 31/99 (State v. Datar Singh and Ors.), whereby the learned court below has taken cognizance against the petitioners for the offences under Sections 167, 193 and 196 IPC.

(2.) The charge-sheet was filed against the present petitioners for the offences under Sections 451, 323, 354 read with Section 34 IPC and the charges were read over.

(3.) On 27.07.1998, an FIR was lodged, whereby it was alleged by one Bhagwana that his daughter, Meera was assaulted by Nathu, Mangu, Madhu and Shanker, who also outraged her modesty. The FIR was registered for the offences under Sections 451, 323 and 354/34 IPC and the investigation was initiated by ASI, Mitthu Singh. Petitioner No. 1-Datar Singh, was the SHO of the Police Station, Rashmi and petitioner No. 2-Arjun Singh was the Deputy Superintendent of Police, Kapasan, and on the statement of ASI Mitthu Singh, the impugned order dated 10.02.1999 was passed, taking cognizance against the petitioners purportedly under Section 190(a)(c) for the offences under Sections 167, 193 and 196 IPC, which have been found to be made out.