NARENDRA KUMAR JAIN - (1.) HEARD the Learned Counsel for the petitioner as well as learned Public Prosecutor.
(2.) This Criminal Revision Petition has been filed against the order dated 19th December 1994 passed by learned Sessions Judge, Jaisalmer in Cr. Appeal No.41/1991, affirming the conviction and sentence passed by learned Chief Judicial Magistrate, Jaisalmer vide order dated 09th October 1991 in Cr. Case No.106/1984, convicting accused -revision -petitioner for offence under sec. 353 IPC and sentencing him to undergo 03 months' rigorous imprisonment, along with fine of Rs.100/ - and in default of payment of the fine to further undergo 15 days' simple imprisonment. Brief facts of the case are that on 13th February 1983 in the Noon Desert International Hotel, the revision -petitioner made an encroachment and when the officials of the Municipality tried to remove said trespass made by him on the land in question, the revision -petitioner manhandled with said officials and used criminal force against them and thereby obstructed them in discharge of their official duty.
(3.) ON the basis of aforesaid incident, a First Information Report was lodged in the Police Station, Jaisalmer and the Police, after making due investigation in the matter, filed challan against the revision -petitioner in the court. Thereupon, the learned Chief Judicial Magistrate, Jaisalmer framed charge against the revision -petitioner for commission of offence under sec. 353 IPC. The revision -petitioner denied the charge and claimed trial.;