N.P.GUPTA,J. - (1.) HEARD learned Counsel for the parties and perused the record.
(2.) BY the impugned order, learned trial court has dismissed the petitioner's application under Section 319 Cr.P.C. for taking cognizance against the present non -petitioners No. 2, 3 and 4 who had at the relevant time were Executive Engineer, Assistant Engineer and Junior Engineer respectively. To grasp the controversy, the brief facts of the case are that on 17.4.1995 Kundanmal -the petitioner lodged the First Report at P.S. Kotwali, District Churu alleging inter alia that his house is situated in Ward No. 13 infront of the office of Electricity Department in which house he lives alongwith his family and his Agricultural land abutting thereto is in his name. It is also alleged that at about 1.30 P.M., the Officers of the Electricity Department being the Executive Engineer, Assistant Engineer, Junior Engineer alongwith their staff came and illegally tress passed into his land, removed the stones slabs, the accused persons Rewant Singh, Moti Singh, Chunni Lal, Bhanwar Singh, Kesara Ram etc. manhandled him and his son Ramlal, which resulted into injuries on the person of Ramlal, not only this, they caused damage in his shop and removed Rs. 50/ - from his cash box, and on hearing the cry, the neighbours Laxmi Narayan, Jai Prakash etc. came and intervened. It was also alleged that the land was duly identified by the Revenue Authorities and thereafter, he had erected the stone slabs. On this report, a case under Sections 147, 148, 149, 323, 325, 447 and 504 IPC was registered. After due investigation, police submitted challan against the accused persons except the three non -petitioners, as in the opinion of the police, the offence was not proved against three non -petitioners.
(3.) DURING trial, some of the prosecution evidence was recorded being PW -1 Laxmi Narayan and PW -2 Kundanmal. These witnesses were examined on 4.9.1997 and since, these two witnesses are alleged to have established involvement of the present non -petitioners No. 2 to 4 in the commission of the offence for which the other accuseds have been charged, on 16.10.1997 itself, the present application under Section 319 Cr.P.C. was filed. It is contended in the application that these three persons had been let off by the investigating agency, in view of the persons being officers and could wield sufficient influence. It is also alleged that the two witnesses have clearly established the complicity of these persons in the offence as eye witnesses. With this, it was prayed that cognizance be taken against these three persons for the offences under Sections 447, 147, 148, 149, 323, 325 and 504 IPC.;