BALDEVA RAM Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) This petition has been filed under Sec. 482 Cr.P.C against order dated 8.5.02 passed by the learned Additional Sessions Judge, Camp Court Shri Madhopur, Sikar, in criminal Revision No.67/2001 ( Peeru Khan & others Vs. State.) by which order of taking cognizance dated 12.4.99 was set aside.

(2.) Brief facts of the case are that petitioner complainant, Baldewa Ram lodged F.I.R against non petitioner No.2 to 4 and Peeru Khan and alleged that non-petitioners and Peeru Khan demolished temple of Bheruji and constructed boundary wall around the land of temple of Bheruji by force. On this F.I.R, case was registered under Sections 295 and 337 IPC. After investigation, Final Report was submitted against which petitioner filed protest petition and examined witnesses, and trial Court vide order dated 12.4.99 took cognizance against non-petitioners No.2 to 4 & Peeru Khan under Sections 295 and 447 IPC. Order of taking cognizance was challenged by the non-petitioners No.2 to 4 & Peeru Khan, without impleading petitioner as party, and by impugned order, learned Additional Sessions, accepted revision and set aside order of taking cognizance.

(3.) Heard learned counsel for the petitioner, learned Public Prosecutor and counsel for the respondent No.2 to 4.