JOGINDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under section 482, Criminal Procedure Code has been filed against the revisional order of the learned Sessions Judge, Sri Ganganagar dated 31/8/1988 whereby he has maintained the order of the learned AddI. Munsif and Judicial Magistrate, Sri Ganganagar dated 14/7/1987 taking cognizance against the accused-petitioner Jogendera Singh for the offences under sections 307, 326, 379, and 430/34, I.P.C.

(2.) The facts necessary to be noticed for the disposal of this petition briefly stated are that complainant Baldeo Singh lodged a report at P.S., Chunavadh that on 23/9/1986 at about 5 p.m., when it was his turn to take water from the canal to irrigate his field, accused-petitioner Jogendra Singh alongwith his companions forcibly diverted the water course towards their field, which was objected by complainant Baldeo Singh, whereupon, Charan Singh and Nakshatra Singh caught hold of his hands and accused Jogendra Singh inflicted injuries on his head and neck etc. After usual investigation, the police filed a challan against accused Charan Singh and Nakshtra Singh but it did not file challan against accused Jogendra Singh, Complainant Baldeo. Singh filed a protest petition for taking cognizance against accused Jogendra Singh. Till concerned Magistrate being on leave, the learned AddI. Munsif and Judicial Magistrate Sri Ganganagar was directed to deal with this matter by the learned Sessions Judge. The learned Magistrate by the impugned order dated 14/7/1987 accepted the protest petition filed by complainant Baldeo Singh and took cognizance against him for the. aforesaid offences. Hence, this petition.

(3.) I have heard Mr. B.R. Arora, the learned counsel for the petitioner and Mrs. Chandralekha, Public Prosecutor for the State and have carefully gone through the record of the case.