KISHAN LAL Vs. STATE

JUDGEMENT

(1.) Through this misc. petition, the petitioners seek quashment of the proceedings of case No. 142/90 pending against them in the Court of Addl. Chief Judicial Magistrate, Sri Ganganagar. This is the second time that the petitioners have come to this Court to challenge the order of taking cognizance.

(2.) The relevant facts are these: Deceased Roop Ram was the brother of the first informant Hari Padam (non-petitioner No. 2). He was shot dead in broad day light at 3 or 3.15 p.m. on 6-6-86 in Dhanmandi. Hari Padam lodged the first information report at 5.45 p.m., which reached the 'Ilaka' Magistrate on the same day, in which it was stated that Hazari, Sada Sukh, Hemraj and

(3.) The peculiar facts of the case are that in the F.I.R. Hari Padam had stated that 5 petitioners were the assailants, who had caused the death of Roopa Ram but the police instead of filing charge-sheet against those persons challaned two different persons and further stating that one assailant Mahipal was absconding. The first informant insists that the culprits were none else than the petitioners who were named in the F.I.R. and therefore he has filed a private complaint.