HARI KISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-petitioners have preferred this Criminal Misc. Petition aggrieved by order dtd. 14/8/2015 passed by Additional Sessions Judge, Sawai Madhopur whereby criminal revision filed by the petitioners was dismissed and the order dtd. 4/7/2013 passed by Additional Judicial Magistrate, Sawai Madhopur whereby she took cognizance against the petitioners for offences under Ss. 147, 341, 323, 354 IPC.

(2.) It is contended by the counsel for the petitioner that the incident took place on 7/12/2011 when the complainant was putting live wires to transmit electric current on the poles of his field. An objection was raised by one of the accused-petitioners whereupon a dispute started, many persons sustained injuries for which FIR was lodged on the same day. It is contended that after lapse of two months complainant filed a complaint before the Court, which was sent for registration of FIR and FIR was registered on 20/2/2012. It is contended that in the FIR filed on behalf of the petitioners-side complainant and other persons have been convicted and have been given benefit of probation.

(3.) It is contended that police after due investigation submitted negative final report. Court on the basis of statements recorded under Ss. 200 and 202 Cr.P.C. has taken cognizance. The Court has not considered the negative final report and has not given any reason why it is disagreeing with the negative final report.