MOHAMMAD AAMIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have moved this petition under Section 482, Cr. P. C. against the order dt. 3-6-85 passed by the learned Addl. Sessions Judge, Nohar in Cr. Revision No. 2/84 upholding the order passed by learned Munsif and

(2.) I have heard learned counsel for both the parties.

(3.) Non-petitioner No. 2 Noor Mohammad filed a complaint before the Munsif and Judicial Magistrate, 1st Class, Nohar alleging therein that the petitioner No. 2 made a report to Municipal Authorities stating that the encroachment made by Mohd Sudiq has been removed. This report was verified by Mohd Aamin petitioner No. 1 in the capacity of a Municpal Member. The complainant alleged that the above report has also the verification which was false. On the basis of the above application, the case which was pending in the Court was withdrawn. On the complaint, process was issued against the petitioners. The learned Magistrate by order dt. 24-9-83 found a prima facie case against the petitioners for offences under Sections 218, 219 and 420, IPC and the petitioners were summoned by bailable warrants.