BALRAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - Petitioner has filed this petition under Section 482 Cr. P. C. against the order dated 1. 5. 2006 by which cognizance was taken against petitioner and other accused-persons under sections 307, 365, 323, 324, 341, 427, 166, 167, 120-B IPC and Section 27, Arms Act.

(2.) BRIEF facts of the case are that complainant charanjeet Singh, husband of respondent No. 2 filed a complaint and alleged that he along with Kishan Singh was coming on 6. 12. 2002 in pickup vehicle, they were stopped by petitioner Balraj Singh, S. H. O. along with other police personnels, who were on spot in three vehicles. Petitioner abused him and when he requested the petitioner not to abuse him, petitioner asked other accused-persons to damage complainant's vehicle, other accused-persons damaged the complainant's vehicle and petitioner and Babu Ram belaboured to the complainant and Kishan Singh, and later on, complainant and Kishan Singh sat in their vehicle and started it, then petitioner fired on the jeep by his revolver, which did not hit them and later on petitioner asked babu Ram to fire and at the petitioner's instance Babu Ram fired by his rifle and cartridge hit complainant, he fell down, then he was got admitted in hospital by the petitioner and other accused-persons. Later on, complainant came to know that he has been falsely implicated in excise case. On this complaint, statements under sections 200 and 202 Cr. P. C. were recorded and cognizance against the petitioner and other accused-persons were taken as mentioned above by impugned order.

(3.) HEARD learned counsel for the petitioner, respondent No. 2 and learned Public Prosecutor and perused the impugned order.