GYASI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS miscellaneous petition under Section 482, Cr. PC has been preferred against the order of Munsif and Judicial Magistrate, Kama, by which he took cognizance against the petitioners under Sections 147, 323, 324, 341 and 504 read with section 149, IPC.

(2.) RADHEY Shyam lodged a written report against. 22 persons at the Police Station, Kama and the case under Sections 147, 323, 324 and 379, IPC was registered The First Information Report number is 145/86. The police investigated the matter and submitted challan against 13 persons only. The present petitioners were named in the First Information Report but the Police did not find any case even prima facie against these petitioners and hence no challan was submitted. The learned Magistrate after seeing the challan papers took cognizance against these petitioners and aggrieved by that order they have come to this Court.

(3.) UNDER such circumstance, the petition is accepted. The order of the learned Magistrate dated 13 -1 -1987 by which he took cognizance against these petitioners, is set aside.