KAMRU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE brief facts of the case are that complainant filed a complaint alleging therein that on 16.10.1995 at 10.00 A.M. his father Hafiz Khan was beaten up by the petitioners. When the complainant tried to save his father, the accused persons namely Kamru, Sampat and Kallo came there armed with Lathies. Due to fear of attacking by the accused persons, the complainant entered in his house, but the accused persons also followed him and entered into his house armed with lathies and started to beat the complainant. It is stated that the accused Kamru inflicted Lathi blow on his head, Sampat pelted stone as a result of which he has sustained injuries below his eye while Kallo and Saiden gave beatings by legs and fists. It is also alleged that when his brother came for rescue he was also beaten up by the accused. Ultimately, he was saved by Chiman and Manzoor and others. When he went to lodge the report at Police Station it was not accepted by the police and after submitting written report to S.P., a case was registered but the police submitted the FR.

(2.) THE Civil Judge (Jr. Division and Judicial Magistrate, Dholpur disagree with the FR and took cognizance under Section 323 IPC and process was issued to secure the presence of the accused.

(3.) I have heard counsel for both the parties and perused the impugned order passed by the court below. I have also gone through the record of the case available to me.