ASHWANI KUMAR Vs. STATE

JUDGEMENT

(1.) Both these miscellaneous petitions are with regard to the same land, the main contesting parties are the same ; and in both the petitions, a common question of law is involved. Hence, they are being disposed of by this common order.

(2.) Shivsingh non-petitioner filed a complaint on 28th May, 85 against the petitioners and one Harindrapal Singh, in the court of Additional Chief Judicial Magistrate Jaipur City, Jaipur, which is No. 79/85. That complaint is attached to Misc. Petition No. 31 /86 as Annexure-4. Prior to this complaint, Shiv Singh had filed a complaint against the petitioners on 19th March '84 That complaint was sent to police station u/s. 156, Cr. P C., and FIR No 79/84 was registered there. On 19th March, '84, on the same facts, Shiv Singh filed a other complaint which was also sent to police station u/s. 156, Cr. P. C., and on its basis, FIR Ho. 80/84 was registered. The police investigated the matter, and in FIR 79/84, submitted the final report which is attached as Annexure-1 to Misc. Petition No. 31/86. In FIR No- 80/84. also the police submitted its final report. Against that final report, Shiv Singh filed a protest petition on 6th Nov., 84, which was dismissed. Thus the final report in FIR No. 80/84, was also accepted. There after, Shiv Singh, on the same facts filed a third complaint on 28th May, 85 in the court of ACJM, Jaipur u/s. 406 419, 420, 467, 469, 471 & 120 B, Penal Code (Annexure-4). The learned Magistrate recorded statements u/s s. 200 & 202 Crimial P.C. and took cognizance against the petitioners on 20th Nov., 85. That order of taking cognizance has been challenged in Misc. Petition No. 31/86.

(3.) Shiv Singh also filed a complaint against Harindrapal Singh, Smt. Rooplata, Inderjeetsingh Jiwansingh, Ashwanikumar Ashwamegh kumar, Rambux and H. S Joshi. This complaint was registered as No. 29/86, which is attached as Annexure-1 to Misc. petition No. 710/86. This complaint was also with regard to the same land and for the same offences for which the earlier complaint was filed by Shivsingh. and on which, cognizance has taken, which has been challenged in Misc. petition No. 31/86. In this complaint, statements u/ss 200 & 202 Cr. P. C. were recorded and vide order dated 22nd Sept, 1986, the learned Magistrate took cognizance against the accused persons, which has been challenged by the petitioners in Misc. Petition No. 710/86.