SHIV PRASAD CHOUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a revision against the order of learned Additional Chief Judicial Magistrate No. 4, Jodhpur dated 12.3.1999 by which he took cognizance under Sec. 323 I.P.C. against the petitioner.

(2.) I have heard Shri RS. Bhati on behalf of petitioner, Shri Hari Purohit on behalf of complainant and learned Public Prosecutor on behalf of State.

(3.) The petitioner is a Assistant Professor of Law in the University of Jodhpur. A complaint was submitted to the Additional Chief Judicial Magistrate No. 4, Jodhpur by Vipin Lunkar, respondent No. 2 (Complainant), to the effect that he was a student in the Law Faculty. He contested election for the Presidentship of the Union in the year 1997-98. The petitioner pressurised him that he should withdraw his name but he did not oblige the petitioner. Thereafter the petitioner nurtured a grudge against him and gave a threatening that he would not allow to pass the examination. When Vipin Lunkar was taking llnd year Law Examinations on 26.4.1998 the petitioner came to his room 8-10 times and disturbed him Vipin Lunkar informed the police station Udai Mandir as well as Vice Chancellor and other authorities of the University. Then on 15.5.1998 the petitioner arranged the invigilation duty in the room in which Vipin Lunkar was to sit in order to solve his question paper. On that date the petitioner disturbed him time and again and caused him mental tension. After the examination was over the petitioner abused Vipin Lunkar and pushed him. The matter was reported to police station. When he reached back his home he received threatening of dire consequences and he was pressurised to withdraw the report which he had lodged at the police station. He was threatened to be killed and then he reported the matter to the Additional District Magistrate, Jodhpur on 16.5.1998. When he reached back home he received a telephone call at 6.30 PM. that he should go to the college immediately as the petitioner did not want to indulge in these activities and wanted to compromise. Vipin Lunkar reached there alongwith two students. It was found that the petitioner was standing near the Commerce Faculty. The petitioner then asked complainant to talk about the matter all alone. He then was taken by the petitioner near the cycle stand. There 5-6 students appeared and started beating complainant Vipin Lunkar. He did not know their names. It was the petitioner himself who also gave beatings to complainant Vipin Lunkar. Then he was taken to the faculty building and was tried to be taken away somewhere else. The complainant made hue and cry and two students. Jitendra Gaur and Rajeshwar, rescued him.