S.N.DEEDWANIA, J. - (1.) THIS petition under Section 482, Cr. PC is against the order dated February 2,1978 of learned Additional Sessions Judge, Sessions, dismissing the revision of the petitioner against the order dated December 24, 1977 of learned Chief Judicial Magistrate, Desuri.
(2.) BRIEFLY stated the facts are these. On 13 -9 -76, Smt. Badami wife of Hanumansingh lodged a report at police station, Rani, at about 8 30 pm., with these allegations that she was Head Mistress in the Government Primary School, Singarla and on 11 -9 76 in the evening, Ramsingh started abusing her and her son on the chabutra of Cbarbhuja. Some people came and intervened and Ramsingh went away. In the night, Mst. Badami and her son Rajcndra Sirgh were sleeping on the first floor of the house. Ramnsing, Dhan Singh, Samandarsingb, Devisingh and Mehtabsingh committed the trespass of her house, she and her son awoke. They saw the petitioners and Devisingh and Mebtabsingh variously armed. They threatened to beat her. Bhikhidevi sister of Badamidevi also came there. The petitioners and the aforesaid two persons then escaped The police registered the case and after due investigation a final report i e. report under Section 169, Cr. P.O. was filed in the court of the Magistrate. The learned Magistrate disagreed with the report and took cognizance against the petitioners only. It is not clear from the order that under what clause of Section. 190, Cr. P.G. the cognizance was taken. The police gave a final report on the ground that when the SHO reinvestigated the case, witnesses Narpat, Poonam expressed ignorance about the incident. Mst. Bhikhidevi also changed her statement and stated that she did not see the incident. Some other witnesses namely Jawaharsingh, Kaloosingh, Keekji also expressed their ignorance of the incident Mst. Badamibai in her first information report implicated the five accused in the beating However, when she was examined by the S.I. just after the report, she stated that only Ramsingh, Dhan Singh and Samandarsingh committed the trespass and gave beating to her and to her son. Bhikhidevi also changed the statement before the SHO and simply stated that she saw 3 -4 persons escaping from the house and did not see any beating. The learned Sessions Judge while rejecting the revision endorsed the view of the learned Magistrate that the witnesses in their police statement recorded on 14 -9 -76 had implicated the three petitioners, though when these witnessed were re examined by the SHO on 30 -11 -74 they resiled from their earlier statements. Therefore, on the basis of the earlier statements of the witnesses,the Magistrate was justified in taking cognizance.
(3.) I have heard the learned Counsel for the petitioners and Mr. S L. Mardia, learned Public Prosecutor for the State and perused the record of the case carefully.;