PRAHLAD SINGH Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) The petitioner has challenged the order dated 8.7.2009 passed by the learned Special Judge, Dacoity Affected Area, Bharatpur whereby the learned Judge had quashed and set aside the cognizance against the present accused-respondents namely Hoob Lal and Suresh.

(2.) In a nutshell the facts of case are that on 6.11.2005, the complainant-petitioner, Prahlad Singh submitted a written report at Police Station Nadbai district Bharatpur. On the basis of written report, a F.I.R., F.I.R. No. 530 of 2005 for the offences under Sections 143, 341, 323 Indian Penal Code. was registered.-In the written report, the complainant stated that when he along with his father were sitting at the "Bore", Hoob Lal and Suresh along with other accused persons came towards them. They were carrying lathies, pharsas (Axe) in their hands. After abusing the petitioner and his father, they started beating them. Hoob Lal hit him on the elbow and fractured his arm. Suresh hit him with a lathi on his left hand. Murari and Bihari also hit him n his back after he fell down. These persons also assaulted his father. He further stated in the written report that a dispute between him and accused-respondents has been going on. It is for this reason that these persons assaulted him and his father.

(3.) After the usual investigation, the police submitted a charge-sheet against the accused persons namely; Ram Murari, Ram Bihari, Hari Singh and Ramesh, but not against the present accused-respondents. Therefore, the complainant immediately filed an application under Sec. 190 (2) Code Criminal Procedure The learned trial Court after hearing both the parties, vide order dated 25.7.2009, took cognizance against the accused-respondents for the offence under Sections 148, 323, 341, 325 Indian Penal Code. and summoned them through bailable warrants. The accused-respondents being aggrieved by the order dated 25.7.2007, preferred a criminal revision petition before the learned revisional Court. Vide order dated 8.7.2009, the learned revisional Court quashed and set aside the order dated 25.7.2009. Hence, this revision petition before this Court by the complainant.