GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) I have heard learned counsel for the parties and perused the order of the Sessions Judge, Pali dated 23.5.2003 setting aside the order of Additional Chief Judicial Magistrate (Communal Riots Cases), Pali dated 26.10.2002 dismissing the original complaint and directed the Magistrate to take cognizance against the petitioners.

(2.) Briefly stated the fact of the case are that one Dungar Singh filed a complaint in the Court of Additional Chief Judicial Magistrate stating inter alia that in the morning at about 8.00 a.m. while he was sitting in the hotel of Bhanwar Lal, nine accused persons arrived there armed with lathis and other weapons on which he entered in the sweet shop of Dungar Singh. Assailants also entered in the shop and assaulted him. The learned Magistrate recorded the statement of some of the witnesses. The learned Magistrate having found serious infirmities in the case, dismissed the complaint. The complainant challenged the said order by way of revision before the learned Sessions Judge. By the impugned order the learned Sessions Judge has set aside the order of the learned Magistrate dismissing the complaint and directed him to take cognizance of the alleged offence against the accused persons.

(3.) It has been brought to my notice that for the same incident, Bhanwar Lal has also filed a complaint in the Court of learned Magistrate for offence under sections 147, 148, 323/149, 452 and 504 IPC. The learned Magistrate called a report under Section 210 Cr.P.C. A separate enquiry was directed by the order dated 26.10.2002. The learned Magistrate recorded the statement of witnesses. A case was registered for offence under sections 451 and 323 IPC. After the trial, the accused persons have been acquitted by order dated 9.5.2003. A copy of the order dated 9.5.2003 passed in Criminal Original Case No. 189/2001, State v. Gopal Lal and Ors. has been placed on record. It appears that attention of the learned Judge was not invited towards the order dated 9.5.2003 while passing the order dated 23.5.2003. Now the accused-petitioners cannot be tried for the same charges for which they stood acquitted.