ABDUL GAFFAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two petitions are to be decided together. Petition No. 495/99 was preferred under Section 482 Cr. P. C. but later on it was converted into revision and case No. 485/99 was filed as a revision. No separate order is required to be passed in case No. 495/99 as it has been converted into revision petition.

(2.) THESE petitions have been directed against the order of learned Additional Chief Judicial Magistrate, Makrana dated 10. 6. 1999 by which he summoned the petitioners by bailable warrants for offences under Sections 147, 148, 452, 447, 379 and 380 IPC thereby taking cognizance.

(3.) IT is also submitted that on merits the complaint mentions the names of Farid Bux son of Nizamuddin Abdul Kayyum, Abdul Sattar and Hafiz Peer Bux who were aware of this incident but the compliant does not mention the name of any eye witness. He also submitted that complainant Mohd. Ismail named Farid Bux, Peer Bux, Kayyum and Sattar as eye witnesses and out of whom only Kayyum has been produced. He submitted that no offence is made out when property in dispute was in possession of Abdul Gaffar himself.